Transfer Of Chanot

[ganesh]

There was a topic about developers selling houses without the land has been divided yet and that that could be a big scam.... I'm wondering a bit more:

I have bought a house in a village where the land is still in the landowners name and the one big land of say 25 rai, is split into say 4 parts of land by now. When all houses are finished the land is said to be split into another say 60 land plots.

All the buyers are paying monthly amounts and nothing but promises, a contract and moneytransfer confirmations proves that we are actually the right buyers of the property. I guess if the developer want to cheat us it is possible. But how normal is that and how would he cheat us?

Would a developer of high quality homes cheat all the 60 buyers of homes?

Is it likely that the seller/developer will do as promised and divid the land further so that all buyers can register their actual land plot in their name (thai) or in their Co.-Ltd, (farang) ??

I don't have a lawyer by now. What could a lawyer do for me at the time being to prevent fraud?

Thank's for all answers!

[Im Luvvinit]

There was a topic about developers selling houses without the land has been divided yet and that that could be a big scam.... I'm wondering a bit more:

I have bought a house in a village where the land is still in the landowners name and the one big land of say 25 rai, is split into say 4 parts of land by now. When all houses are finished the land is said to be split into another say 60 land plots.

All the buyers are paying monthly amounts and nothing but promises, a contract and moneytransfer confirmations proves that we are actually the right buyers of the property. I guess if the developer want to cheat us it is possible. But how normal is that and how would he cheat us?

Would a developer of high quality homes cheat all the 60 buyers of homes?

Is it likely that the seller/developer will do as promised and divid the land further so that all buyers can register their actual land plot in their name (thai) or in their Co.-Ltd, (farang) ??

I don't have a lawyer by now. What could a lawyer do for me at the time being to prevent fraud?

Thank's for all answers!

<{POST_SNAPBACK}>

Please read this very carefully.

As i see it everybody who is paying to have houses built are at the moment doing so as a gift for the landowner.

They are not and probably never will be your homes.

stop handing over money now.

seek solid legal advice from either sunbelt or Indo-Siam as a matter of urgency.

it is true that as a foreigner you can own the house itself but not the land.

you will need to either lease the land or buy it under a thai limited company that the above lawyers can help you with.

the landowner should have had the land divided up at the local land office and you should have your lawyer present so that you ended up with a nice chanote or similar document that detailed where your land is. Only then do you start building on it.

I will ask you a question: " If you were a developer of nice houses and you could find 60 people pay for you to build yourself 60 nice homes and then at the end when they were all finished not one of them had any legal claim to any of them - would you?????

[Tornado]

Cutting land is not a easy as "Ill buy 25 Rai and then cut sixty chanotes". I would say the reason the developer is doing it this way is to save costs and headaches.

It sounds like, this owner is upgrading the land as he goes. For instance, if you buy 25 Rai of Nor Sor 3 land, you can cut it into as many plots as you like, but if you buy a chanote, you can cut it 9 times and then you run into developers taxes and the rest of the long winded headaches that is law here. (ask your lawyer to give you exacts).

In saying all that though, a contract is always needed to confirm the intentions.

[ganesh]

All answers much appriciated! Thank's.

I have had set up a Co. Ltd already, but obviously the Chanot isn't

transferred by now. I have been talking with the developer to get the

land I bought transferred to my limited company within the completion of the house. The developer has said that it is difficult to transfer the chanot before the whole amount of money has actually been paid.

In the contract it sais among other standard things:

"The buyer agrees to buy the land presently owned by the seller as plot no xx on the title deed no. xxxxx landing xx page no xx. The total are xxx sq wah hereinafter called 'The land' and will be constructed by the constructor of building type x. The seller & the constructor agrees to complete the construction and ready to move in within xx months.

Payment will be made as installment during the construction of the building by the due date every month for a period of xx months to the amount of xxxxxx baht, final payment xxxxx baht.

Upon the building completion and ready to move in the seller agrees to the buyer to move in, but the buyer has no right until completion of all payments to the seller and transfer to the buyers name. "

Honestly, does this look like fraud? I must say everything seems ok, but I must admit I don't like to pay the full price for something before I have a proof I will actually get it. By now I have paid about 2/3's of the full price and say 40% of the village's homes are finished and people have moved in already.

What actions should a lawyer take to avoid problems for me?

Thank's in advance for all answers!!