I'M About To Buy A Property And The Farang Owner Doesn'T Even Know It'S Being Sold!

[basjke]

Well we are in our new house tonight.

What a wonderfull feeling!

The guy next door just told my wife that the wood flooring was bought from Homepro for 3,800 bht sq/m, there is over 95 sq/m installed!

My plans are to park my wife's Dad and brothers here for a few months, just in case some besotted Englishman darkens our doorstep with suitcase in hand. They will take care of any "potential problem"

I post this thread as a warning to all you guys!

My wife was even approched by another "potential seller" this afternoon.

I hope they take so well care of any problem as the thai lady you bought from.

[mark45y]

Although completely off topic I used to hang out in Soi Buakhom at 4 am and I don't even speak Estonian Polish or Russina.

Does that make me someone special?

Yes of course. Soi Bukhow at 4 AM is Thailand's tranny gansta hub. Shootouts nightly, the place where the guy who rob the guys who rob other guys hang out. Good on ya. Not for the weak hearted.

[PattayaParent]

You are taking this topic awefully personally evanson.

If you had bothered to read the whole thread you would have seen;

"We had no idea a Farang was involved untill we inspected the property and when I asked where he was she said she hadn't heard from him for 6 months.

She "claims" the chanote is in her name but we didn't see it.

If we do decide to go ahead I will get our lawyer to go over it with a fine tooth comb."

And...

"My lawyer advised me today that any assets on the land automatically becomes the property of the land owner providing the property title is legitamate. The contract would stipulate "house&land". Any claims by someone with a bunch of receipts in his hands would need to be with the seller, NOT THE BUYER!

Only when the land is leased is the assets deemed as seperate.

This rubbish about the house is seperate to the land title is just that...rubbish. The seller signs a contract for "house&land"

Can you imagine if this was true?

Every land&house ownership transfer in Thailand would be subject to the previous owner making claims for the "house"!

We will go ahead with the purchase when my lawyer has concluded due diligence."

It so happens the seller produced the chanote today and my lawyer has confirmed that the house and land title is squeaky clean.

Even my lawyer said that if I did not buy it he certainly would!

We are meeting at the land office tomorrow morning to exchange contracts.

The housing market is no different than any other market be it stock, commodities or even fruit and veg. The dynamics are exactly the same.

You win some and you lose some.

Let's hope the farang,who probably financed the purchase of the land but could not have is name on the chanut,was so clever to have the building license and receipts in his name.This makes him the legal owner of the house and gives him the right to bulldozer it at any given time.

If you read the whole of the thread you will see that what you have just said is not correct, even reading the quoted text you have highlighted would give you a clue.

[wolf5370]

Lot of tosh talk here. In the UK you have what is called Gas-umping, which means, you agree a price with the seller, pay loads of dosh for search and surveyors report THEN some tosser comes along and offers the seller more money. One DOSEN'T know who it is, what nationality he is but you have lost your purchase and bundles of cash. Tough, but no different to the OP's situation, something is for sale, if he doesn't buy it, for sure someone else will..

That was why a few years back the British Government brought out the buying packs thing. Legal requirement for selling, includes searches, energy efficiency, water routes/charges, council tax banding, etc - so the buyer has little to loose - most solicitors do pay on purchase deals too so you only pay if it goes to completion (or a small holding fee).

In Scotland Gazumping is illegal - once a price is agreed on, its set - assuming no deal breaker like bad search etc - if the buyer pulls out he looses his deposit, if the seller sell to someone else he has broken the contract and can be sued (not sure but he may well have also broken the law???).

As to the Op, I don't really understand why all the bitter attacks on the guy. It is not him that is doing the dirty, but (and only if she's a liar) her. None of us know the true story when we buy anything - so are we to blame if we innocently buy a used engagement ring because the guy still loves her??? If you have bought a home here, how do you know someone was fudged over for it? If someone gets divorced, or their partner does a runner, do they have to hold on to everything and stay put just in case he returns or because he had paid for it? What if she can't afford to live there now he has gone - should she just abandon it and let the bank/loan shark/etc take it instead?

If the guy had any interest in the place he would have had a usufruct and it would be registered and discovered on attempt to legally sell/buy it. If he loaned her the money, or there was some other agreement between them, then he can sue her.

The only thing I might be concerned about is the furniture as much will not be fixtures and fittings (TV etc) and may belong to him - If its included (and not an extra bung) then I suppose its a small risk about claims - and a receipt could sort that out amicably.

If the guy turns up, (and I suggest ignoring the genius who suggested hitting him in the face if he's English as that is neither a legal nor well advised recourse) let him know she has moved and the house has new owners - direct him to your lawyer if he makes claims, and call the BiB if he becomes silly.

Not your problem TE.

Edited August 2, 2010 by wolf5370

[Heng]

This makes him the legal owner of the house and gives him the right to bulldozer it at any given time.

I'm sure that comforting thought gives folks a lot of peace of mind.

*Worst case scenario, I still get to bulldoze my house.*

Where's my Xanax?

[basjke]

You are taking this topic awefully personally evanson.

If you had bothered to read the whole thread you would have seen;

"We had no idea a Farang was involved untill we inspected the property and when I asked where he was she said she hadn't heard from him for 6 months.

She "claims" the chanote is in her name but we didn't see it.

If we do decide to go ahead I will get our lawyer to go over it with a fine tooth comb."

And...

"My lawyer advised me today that any assets on the land automatically becomes the property of the land owner providing the property title is legitamate. The contract would stipulate "house&land". Any claims by someone with a bunch of receipts in his hands would need to be with the seller, NOT THE BUYER!

Only when the land is leased is the assets deemed as seperate.

This rubbish about the house is seperate to the land title is just that...rubbish. The seller signs a contract for "house&land"

Can you imagine if this was true?

Every land&house ownership transfer in Thailand would be subject to the previous owner making claims for the "house"!

We will go ahead with the purchase when my lawyer has concluded due diligence."

It so happens the seller produced the chanote today and my lawyer has confirmed that the house and land title is squeaky clean.

Even my lawyer said that if I did not buy it he certainly would!

We are meeting at the land office tomorrow morning to exchange contracts.

The housing market is no different than any other market be it stock, commodities or even fruit and veg. The dynamics are exactly the same.

You win some and you lose some.

Let's hope the farang,who probably financed the purchase of the land but could not have is name on the chanut,was so clever to have the building license and receipts in his name.This makes him the legal owner of the house and gives him the right to bulldozer it at any given time.

If you read the whole of the thread you will see that what you have just said is not correct, even reading the quoted text you have highlighted would give you a clue.

I didn't highlight any text as it was highlighted already.In most of the cases building license is in the same name as the owner of the land.In some cases however,as is in my personal one,the building license is issued in foreigner name and a lease of maximum 3 years is made for the land,which doesn't need to be registered at the land office.This unregistered lease can be renewed every 3 years and can not be traced through the chanut or land office.This procedure makes the foreigner the legal owner of the house but the buyer of the land will only find out after the deal is closed and the foreigner shows up with the lease documents and building license in his name.

[Heng]

The new owner can still operate his chicken slaughterhouse/waste water treatment plant around the rest of the property though, right?

[wolf5370]

Dude, history has shown that wars have been started over the love of a woman.

Have they, really. Which wars? I suppose there was Helen of Troy and the trojan war, but i think history has shown that she was a myth. Which other war has been started over the love of a woman?

The Falklands war.

Good one.

Maggie's love for her people/sheep/penguins? I was thinking Trojan war (though I was umming and erring on Cleopatra - but that was more an uprising and Mark Anthony was more to blame I think) - so not for a while then???

[Chunky1]

I love how people keep mentioning holding 'receipts' as a means of proving ownership. It's not like they can be counterfeited or anything. It must be a real pain passing receipts from generation to generation once the ink fades.

[dannyman]

scumbag!

[theoldgit]

scumbag!

Who?

[PattayaParent]

scumbag!

Who?

Who?

Is there an echo in here?

[Livinginexile]

scumbag!

Who?

Who?

Who?

[dannyman]

GOOD DAY still a scumbag!

[Dakhar]

This makes him the legal owner of the house and gives him the right to bulldozer it at any given time.

I'm sure that comforting thought gives folks a lot of peace of mind.

*Worst case scenario, I still get to bulldoze my house.*

Where's my Xanax?

Heng, in all honesty... it does bring some peace of mind....

You will never have to face this type of unjustice, count your blessings

[Chunky1]

God made you buy that house Dakhar?

[PattayaParent]

scumbag!

Who?

Who?

Who?

There's that echo again.

[Dakhar]

God made you buy that house Dakhar?

not that i am aware of, why?

[Thongkorn]

scumbag!

Who?

Who?

Who?

I think there is an owl about who who

[Heng]

This makes him the legal owner of the house and gives him the right to bulldozer it at any given time.

I'm sure that comforting thought gives folks a lot of peace of mind.

*Worst case scenario, I still get to bulldoze my house.*

Where's my Xanax?

Heng, in all honesty... it does bring some peace of mind....

You will never have to face this type of unjustice, count your blessings

D, that's great that it does for some folks, but looking at such situations from afar, it seems like such a waste of energy and effort. You bulldoze the house (destroy your own property) and the new owner (or old owner, again still not you) still owns the entire plot and can do whatever they want.

[basjke]

This makes him the legal owner of the house and gives him the right to bulldozer it at any given time.

I'm sure that comforting thought gives folks a lot of peace of mind.

*Worst case scenario, I still get to bulldoze my house.*

Where's my Xanax?

Heng, in all honesty... it does bring some peace of mind....

You will never have to face this type of unjustice, count your blessings

D, that's great that it does for some folks, but looking at such situations from afar, it seems like such a waste of energy and effort. You bulldoze the house (destroy your own property) and the new owner (or old owner, again still not you) still owns the entire plot and can do whatever they want.

But you forget that at that point the new owner has overpaid for what is left.

[PattayaParent]

^there's no chance of the house getting bulldozed, it's included on the chanote.

[basjke]

^there's no chance of the house getting bulldozed, it's included on the chanote.

A house is never included in a chanut

[Heng]

But you forget that at that point the new owner has overpaid for what is left.

Okay and how does that help one's situation?

[basjke]

But you forget that at that point the new owner has overpaid for what is left.

Okay and how does that help one's situation?

It doesn't but I would feel a lot better to know that I'm not the only one losing.

[William Osborne]

LOL.... Her father and her brothers are in the house....have they given up their "day jobs" to act as security guards .. don't forget to buy whiskey for them everyday !!!! probably the wifies idea all along do this little deal...

What a dope...especially when you think you're the clever one and the house isn't even in your name....

Edited August 2, 2010 by William Osborne

[PattayaParent]

^there's no chance of the house getting bulldozed, it's included on the chanote.

A house is never included in a chanut

Farma says otherwise.

http://www.thaivisa.com/forum/topic/381311-im-about-to-buy-a-property-and-the-farang-owner-doesnt-even-know-its-being-sold/page__view__findpost__p__3736600

[Heng]

But you forget that at that point the new owner has overpaid for what is left.

Okay and how does that help one's situation?

It doesn't but I would feel a lot better to know that I'm not the only one losing.

In the big picture, I think you still are. A pile of rubble depreciates to nothing. A piece of land, even with a pile of rubble on it should continue to appreciate until the end of time.

[Werfer]

lol @ OP, everyone thinks that you are a worm

[Chunky1]

God made you buy that house Dakhar?

not that i am aware of, why?

one doesn't need blessings to not be in the house predicament; not to bust your balls, just saying.