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Real estate agent (and previous owner) omit to tell one little detail, liable for damages ?


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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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TV fools most people into thinking court cases are the way to go for justice.

 

It is not.  It starts with huge fees to the lawyer, possibly ends in a court paper victory for you, and then begins the task of trying to collect the payment, which rarely succeeds.

 

So you are often out the original money, plus legal fees, and associated costs of attending all the hearings etc., putting you far deeper in the hole.

 

I advise immediately selling the place, even at a loss, if you don't want to look at double glazing and other measures to lower outside noise.

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5 hours ago, john donson said:

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 ?

You cannot "exchange" the blue house book, it follows the property. However, only Thai citizens – and foreigner's granted permanent residency – can be registered in a blue house book. Aliens can apply for registration in a "yellow house book for aliens", which is just a proof of registered address. The procedure for being registered in a yellow house book can be anything from easy to difficult in various places.

 

It's the buyer's responsibility to do due diligence before closing a deal, like checking area for planned issues that might effect the property, often buyer's lawyer can do it for the buyer. I don't think you can gain anything from suing agent or previous owner, apart from a huge bill from the lawyer.

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I am so sad reading this... sometimes there is no fair or decent alternative... This could have happened to anyone. I also prefer buying to renting and surely could have fallen into the same predicament. 

 

I hope things turn around for you in the future. 

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@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.

 

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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.

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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

 

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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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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.

 

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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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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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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 🤔 

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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
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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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