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Posted (edited)

A few months ago, I needed to move to a new place, after divorce.

 

I found a place with different buildings in a row, deep in a soi.

 

I hate noise, street noise, neighbors, etc...

 

So I found a place that was in good condition, far from the street, could not hear the hum of traffic, on a high and a corner unit.

 

I thought I found something like and instead of paying rent somewhere else, I bought it.

 

6 weeks I enjoyed peace and quietness, till one day, planes start flying over MY building.

 

I am near the airport, but the usual route was over the busy road and it did not bother me.

 

Apparently my new bought condo is in the flight path of ... the 3rd Suvi runway and they started 'test' flights since last week.

 

The agent that sold this place did not mention anything about it. Neither did the owner but both knew about this, because via the group line of the building, there were talks about compensation for the noise, which the old owner apparently registered and is now about to get the compensation, even they are not the owner anymore.

 

The juristic office was inviting people to go get their check or get their papers checked first... Blue book (lol), house registration...

 

I did not go try yet to exchange my blue book, with old owners name,  for a yellow one, as I red that many ampurs just make it very difficult to impossible by demand things like a birth certificate... not about to travel to the old country just for that...the embassy told me before that they cannot provide such 'service' even they have access to the register, I presume.

 

Apparently the whole 'deadline' to register is also latest next Tuesday, while everything is closed for remembrance of the old king day...

 

I hear many people already preparing the :   never buy, always rent claim... yes...  If renting, I would have cut my losses...

 

What would be my chances to take a lawyer and sue the old owner and the agent for omitting to tell they knew about the flight path or the 3rd runway, specially they are about to get the compensation for my noise pollution, loss of value of the condo, as who in their right mind would not buy a condo with the constant noise ?

 

 

 

 

Edited by john donson
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Posted

 

@john donson As others have said, sell now. Even at  a loss. Zero to be gained from trying any legal action. It will just make you worse off.

Out of curiosity, what did you pay for the place? Couldn't have been much if so close to an airport.

 

Posted

don't blame the owner, that registered long ago, for compensation for future noise pollution, but not mention anything about it to a potential buyer ?   

 

Selling now, 8.8% land department taxes to start with, an extra loss on top, plus finding a thai that will not be bothered by the noise ?

 

I thought I found an ok place, in order, neat, corner unit on top, the rare find... 

 

I am realistic to know my chances, none to ziltch...

 

thanks for the replies

 

Posted

Sellers in Thailand are expected to show good faith when property is involved.

If the seller has not mentioned the plans of a change on a flight path that hardly shows good faith.

Worth asking a property lawyer I think. 

No large cost to find out your legal position 

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Posted

In Thailand even with law in place it is tough if nor impossible. You seem to know a lot have you confronted the agent and owner Particular the compensation.

Regardless of the ownership have you any information who the compensation is coming from and contact them asap.

In Real Rstate particularly California there are lots of disclosure laws for agents and owners cases decided in Arbitration Thailand good luck is there an agency that monitors their action? 

Does the agent work for someone the boss? 

Many times in Thailand rattling cages help.

Last cases in States where this happens compensation is to have all windows refitted to Triple Pane it dors help a lot.

 

Posted
12 hours ago, mstevens said:

 but don't blame the previous owner for this.

Absolutely blame the previous owner. It may be perfectly legal, there may be no recourse, but it's still poor behaviour. Pretty well guaranteed they knew they were stiffing the new owner.

 

I can't see why the previous owner would (should) receive the compensation under the circumstances, seems like that aspect may be challenged in court - but doubt the sum involved would make it worthwhile. 

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Posted

This 'don't ever buy' thing makes me laugh. 10 years rental of a 3 bed 3 bath pool villa would have cost me around 3 million baht. I bought the house instead at a good price of 4.5 million (market was higher but seller was a son working out parents' probate) . I'm quids in. 😂

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Posted
1 hour ago, jacob29 said:

Absolutely blame the previous owner. It may be perfectly legal, there may be no recourse, but it's still poor behaviour. Pretty well guaranteed they knew they were stiffing the new owner.

 

I can't see why the previous owner would (should) receive the compensation under the circumstances, seems like that aspect may be challenged in court - but doubt the sum involved would make it worthwhile. 

I should assume previous owner got less for the property so that would be his claim 🤔 

Posted (edited)
15 hours ago, mstevens said:

You are being completely and utterly unrealistic in thinking that the previous owner had to disclose something that you say didn't start until several weeks after he had sold the condo to you. It's a sad situation for sure, but don't blame the previous owner for this.

Not taking sides but I believe based on his accounts the former owner knew so did the agent since the filing for compensation happened prior to sale. 

They also just finished the runway started testing and operation reason no noise when he moved in until now.

Edited by thailand49
Posted
7 hours ago, john donson said:

don't blame the owner, that registered long ago, for compensation for future noise pollution, but not mention anything about it to a potential buyer ?   

 

Selling now, 8.8% land department taxes to start with, an extra loss on top, plus finding a thai that will not be bothered by the noise ?

 

I thought I found an ok place, in order, neat, corner unit on top, the rare find... 

 

I am realistic to know my chances, none to ziltch...

 

thanks for the replies

 

I curious as to how bad the noise is that you are selling?

Is the plane sailing by your window where you can flip the pilot off likevthe old Hong Kong airport.

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Posted

Stories like this come to light when floods happen , as in France at the moment or UK at a families property . Even in these countries where lawyers actually do their work, disasters happen. Climate change. In France people living near rivers , the sea, are currently suffering from storms that that have never happened before . In the UK my niece nearly lost her housé because an old mine flooded a few miles up a hill and flooded the the whole town . Getting the Coal Board to pay up took over 2 years . Before buying you have to be so careful , check surroundings etc. Neighbors ( especially in Thailand and karaoke nights) . Talk to the neighbors too. I think in Thailand you have to do it all yourself. 

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Posted
2 hours ago, Speedhump said:

This 'don't ever buy' thing makes me laugh. 10 years rental of a 3 bed 3 bath pool villa would have cost me around 3 million baht. I bought the house instead at a good price of 4.5 million (market was higher but seller was a son working out parents' probate) . I'm quids in. 😂

       Totally agree.  Thank goodness my spouse and I didn't follow the 'don't buy, rent' mantra when we moved to Thailand.  We started by buying a studio condo in 2010 and now, 14 years later, have worked our way up to a new 4-bedroom pool villa in Pattaya, on the Darkside, which we own mortgage-free.  

       This type of house rents for about 70,000 baht a month.  So, to live in this type of property, that's what we'd be shelling out each month to a landlord, with nothing to show for it except keeping a roof over our heads. 

      Monthly expenses would be 70,000 baht rent plus around 4,500 electric plus 1,500 pool guy plus around 2,000 for water, internet, Netflix, trash pickup   Total around 78,000 baht.  By owning, our monthly expense is only around 8,000 baht, leaving 70,000 baht each month to do something else with.   Nice.

       I'll be the first to say that renting can have some advantages, especially if one is only in a place for a short time or, perhaps, is not certain where exactly they want to be, or want to move frequently and try different areas or projects, etc.   Some have the rental mentality, while others have the owner mentality.  Whatever floats your boat.  There is no one size fits all. 

       For me, I learned early on that I had the owner mentality.  I also learned early on that, with my low salary for most of my career, the only money I had available for investment was the  chunk of money that was going for rent each month, enriching the landlord but doing absolutely nothing for my financials.

      With little in savings and only that monthly chunk of rent money to invest, and not wanting to live on the street, that left real estate as my one avenue of investment available.   So, that's what I did in the US during my working years there; buying a condo, living in it while I fixed it up, and then selling it.  Taking the profit and buying another slightly better condo the next time.   Mortgage/taxes/condo fee on the condo were about the same as what I had been paying in rent and there were also some tax advantages. 

      I chuckle when posters often say, instead of buying, rent and invest that $100,000, $200,000, or whatever you would spend on buying a property.  That was not an option for me--no $100,000 in my pocket to invest during my Wonder Years.   (Wonder if I'll have any money left at the end of the month.)

     What I had was a minimum down payment--I think $10,000 for the first condo I bought, half borrowed from Dad.  What I had was a low-paying but steady job and a steady budget of around $1500 a month for a roof over my head.  I could pay the landlord with it, or myself.  I chose me.  

     

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Posted

Sell it and fast...even if you case reaches court, the lawyers will swindle you out of all that's left. Sell.

 

Even with new property, people have got cheated, despite the nice fancy looks of the pool villa around Hua Hin area for instance. Plumbing issues, wall cracks, faulty electrical wiring and the whole package sold in developpments run by farang developpers. As anyplace, all nice and friendly during the payment steps and once delivered, it's "go-to-hell".

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Posted

This topic has some comments suggesting the Poster sells and accept a loss but in order to sell a property that he now knows to be under a new flight path of a major International Airport, he might feel the need to conceal that fact from potential buyers that was denied him!

 

The gratuitous offers of advice of "caveat emptor" always seems to appear in hindsight.

Posted
10 minutes ago, ChrisKC said:

This topic has some comments suggesting the Poster sells and accept a loss but in order to sell a property that he now knows to be under a new flight path of a major International Airport, he might feel the need to conceal that fact from potential buyers that was denied him!

 

The gratuitous offers of advice of "caveat emptor" always seems to appear in hindsight.

 

The gratuitous offers of advice of "caveat emptor" always seems to appear in hindsight.

 

sure, often, but not exclusively, and this is because issues appear after the fact, so it is in hindsight. :coffee1:

 

 

Posted

I have planes flying past my window (DMK, not BKK) but I don't hear them. So it's definitely possible to sound proof the unit not to hear them.

 

Obviously it's an extra expense to use double glazed windows, but it'll help with aircon bills as well. Maybe you could try that first, unless the whole building is shaking when planes fly by?

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Posted

It was common knowledge the 3rd runway was ready to take flights soon, a google map search would have shown the areas to avoid if you wanted to be close to Suva airport.  The answers were a few clicks away ......

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Posted

The row of building is in a soi.

 

I am in building 6 out of 7.

 

Terrible road noise for building 1, also planes flying over the busy noisy main road.

 

Reason my condo is in building 6.  No more street noise. It is a good walk. It was calm and peaceful. The planes flying over the main road was very little background noise at best.

 

3rd runway, in test phase since a bit more of a week, fly directly over the condo.   My corner unit has glass windows for balcony, main bedroom, bathroom second bathroom, and as a corner unit at the end of the hallway, more windows for aeration of the floor on both sides.

 

The old owner had applied long ago (months) for the noise damage compensation.  They did not lower the price.  They did not disclose this earth shattering for me hidden 'pleasure' to hear planes flying over, day and night... 3 am, cheaper departure slots I presume, resuming at 6 am

 

2.5 million baht, 2 bedroom condo, in case you wonder I paid ziltch for a shoebox.   Peanuts probably for many rich pensioners, not for me.  Expecting to pay 8.8 tax (selling before owning 5 years, special business tax) , IF I would manage to find a buyer. Kinda hard to hide planes flyiing over, every 60-90 seconds.

 

Bad luck, stupidity...  If I had waited a few months...but I had to move out after divorce settlement and I was thinking long term , found this place after many trash condo shoebox visits, a place that was nice and actually liked.

 

Looking for that real estate lawyer, at least his opinion... I know, they love to proceed and get paid in advance and even if the courts would rule in my  favor, that is no guarantee to get the actual damages paid.

 

 

Posted
On 10/11/2024 at 3:34 PM, tomazbodner said:

I have planes flying past my window (DMK, not BKK) but I don't hear them. So it's definitely possible to sound proof the unit not to hear them.

 

Obviously it's an extra expense to use double glazed windows, but it'll help with aircon bills as well. Maybe you could try that first, unless the whole building is shaking when planes fly by?

Unfortunately, he will not know the impact until  the runway is finished and planes start taking off and landing.  ( max 

noise level). 

 

 

 

 

 
 

 

 

 

 

 

 

 

 

Posted
6 hours ago, geisha said:

Unfortunately, he will not know the impact until  the runway is finished and planes start taking off and landing.  ( max 

noise level).

True. Here it's mostly B737 and A320, relatively small planes. Would be very different with a massive 4 engine can flying by.

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