How to get your money back

[NathanV23]

At the risk of receiving cynical responses about another farang naively throwing away his money in Thailand, I will post the following. A year ago I agreed to buy 9 rai of land in Chiang Rai from a Thai friend. At the time, I was aware that the land did not have a chanote. However, I was told that within a year or so, they could get the relevant officials to come to the land and issue a chanote. At this point I paid a deposit of 320,000 Baht and signed contracts stating that I would pay given sums of money over the next three years, at which point I would be the owner of the land. (Rather, my girlfriend -no I didn't meet her in bar- would be the owner of the land).

Within a few months, I was contacted by the Seller and told that they could not arrange to get the chanote and they would have to pay me back. Eight months later, I still have received nothing. I am still in contact with the Seller who says they are doing what they can, but they simply don't have the money now and don't know what to do. I know that they do have a couple other plots of land with a chanote, but are unable to take loans out on it due to the fact that they already have a number of other loans which are still in repayment. The banks will not extend further credit until the current loans are paid off.

So, do I have any leagal recourse? Is there anything I can do to get atleast a portion of my money back? If I have no legal recourse and I am simply out of luck in that respect, I am open to any other non-violent suggestions. Thanks!

[MaiChai]

Have you discussed this with a Thai lawyer? I would suggest you do. Posting on this board may not be that helpful, people don't always give the best advice.

[NathanV23]

I've assumed there's not much a lawyer can do because my contract simply states that once I pay off the full amount, the land will be transferred to my girlfriend's name. In that respect, the seller hasn't yet done anything wrong. But I will look into it. Now its a matter of finding a good lawyer...

[wolf5370]

Definitely speak top a lawyer before doing anything!

Have you continued to make the payments as agreed (as the contract did not say you would get the chanote, but would pay regularly land purchase)? Or did you get a signed, witnessed, codicil allowing for a freeze of the original contract while talks are underway? If not, are you now in breach of contract?  What are the consequences if you are – are they in the contract? Mostly questions for you to discuss with the lawyer – if you are in contact with them, get some kind of a agreement in writing so you do not fall fail of your own contract!

Why can they not get the chanote? If they own the land (you should have checked this in the first place – if not do so ASAP), you could arrange for a price reduction and still purchase it and have the land signed over to you. You perhaps could then get the officials to visit and measure up for your chanote. If the only reason they could not get a chanote was because of the money or time then this is a possible option.

I know that certain areas are visited by officials for the purposes of measuring up etc in cycles. I know I had to wait 9 months for some to be in the area to be able to come and measure up a 28 Rai plot I bought for a chanote. It was also quite expensive if I remember rightly.

Good luck.

[keestha]

One of the first things a lawyer will want to know, is what type of land paper (sorry, if any) the present owner has, considering he does not have a chanote. Be aware that there are different types of landpapers not all of which can be upgraded to a chanote.