Lawyer Culpability

[cheeryble]

Hi all

this isn't a specific gripe, I have no problem, although I'm not thrilled that a lawyer failed to advise me when I got a chanoot copy from the seller with no encumbrances on it to ensure it's age. Never occurred to me but should be par for the course to a lawyer. It turned out to be a year old and there is now a mortgage registered which prevents a survey being carried out unless the mortgage is annulled. A nuisance which we could have known about a fortnight earlier with better advice. Not the end of the world but not perfect either.

This was just an oversight, but as Ive had some extraordinary oversights in the medical field I guess I'm thinking about more serious mistakes.

As I'm in a process right now I'd like to know where one stands if a lawyer makes a more important mistake.

Are lawyers obliged to be in a professional scheme dealing with malpractise?

Is it worth anything?

Edited June 20, 2011 by cheeryble

[dave111223]

In order to find out if the real chanote had a mortgage registered you'd have to go to the land department.

In order to get a survey done have to go to the land department.

Either way you would have had to make a trip to the land department, I fail to see how it was a "nuisance"?

[cheeryble]

In order to find out if the real chanote had a mortgage registered you'd have to go to the land department.

In order to get a survey done have to go to the land department.

Either way you would have had to make a trip to the land department, I fail to see how it was a "nuisance"?

No-one suggested I need to check the copy was up to date. Now it turns out money's owed on the property. It's means the survey cannot be done as things stand.I call that a nuisance.

Edited June 20, 2011 by cheeryble

[dave111223]

In order to find out if the real chanote had a mortgage registered you'd have to go to the land department.

In order to get a survey done have to go to the land department.

Either way you would have had to make a trip to the land department, I fail to see how it was a "nuisance"?

No-one suggested I need to check the copy was up to date. Now it turns out money's owed on the property. It's means the survey cannot be done as things stand.I call that a nuisance.

You went to the land department; what's the different whether it was to get a survey or to check the chanote, either way it took up exactly the same amount of your time?

How would the lawyer telling you to check the chanote have saved you any time, or changed the situation at all?

[thaiwanderer]

A chanote obtained otherwise by yourself or a trusted lawyer on your behalf from the land office should not be relied upon for anything.

Even then the information it provides is only good for the moment at which it was obtained.

Due dilligence includes (but is not limited to) researching the title's history back to its first registration, uncovering any encumberances, private and public restrictions or affects on use.

Also 'Original' Chanotes offered as security for loans offer no real security.

The OP called his/her experience a nuisance and was interested in more serious mistakes.

IIRC complaints can be made to the Thai Lawyers Conduct Comittee but there are time limits.

Even then I suspect their powers may be limited to punishing the lawyer rather than recompensing the aggreived client who presumably would have to initiate a private court case?

Thankfully I have no experience of this.

[cheeryble]

In order to find out if the real chanote had a mortgage registered you'd have to go to the land department.

In order to get a survey done have to go to the land department.

Either way you would have had to make a trip to the land department, I fail to see how it was a "nuisance"?

No-one suggested I need to check the copy was up to date. Now it turns out money's owed on the property. It's means the survey cannot be done as things stand.I call that a nuisance.

You went to the land department; what's the different whether it was to get a survey or to check the chanote, either way it took up exactly the same amount of your time?

How would the lawyer telling you to check the chanote have saved you any time, or changed the situation at all?

Dave you seem determined that what i tell you was a nuisance was not a nuisance.

I did not go to the land dept initially. We asked the lady seller to go there and order the survey.

It is still not done because she couldn't provide the chanoot. We could have signed up our contract by now if this hadn't happened. As it is it will be another two weeks.

[Gary A]

As I understand the process, if the property is mortgaged, the bank holds the chanote. The chanote can not be transferred until the bank releases the chanote. I don't turn loose of the money until the chanote is in my name. I'm talking about a condo and not land which cannot be owned by a farang anyways.

If a lawyer has permitted the money to be paid without the original chanote in your wife's name the lawyer did NOT do his job.

A copy of the chanote means NOTHING! If the lawyer was relying on a copy, I'd guess the lawyer is guilty of fraud and could/should end up in jail.

Edited June 22, 2011 by Gary A

[evanson]

As I understand the process, if the property is mortgaged, the bank holds the chanote. The chanote can not be transferred until the bank releases the chanote. I don't turn loose of the money until the chanote is in my name. I'm talking about a condo and not land which cannot be owned by a farang anyways.

If a lawyer has permitted the money to be paid without the original chanote in your wife's name the lawyer did NOT do his job.

A copy of the chanote means NOTHING! If the lawyer was relying on a copy, I'd guess the lawyer is guilty of fraud and could/should end up in jail.

But he won't.

[Tanaka]

Without the original deed the land cannot be sold and no money should change hands. Why can the seller not provide the Chanote? If it is missing for some reason, she shall make a report to the police and with the document from them, go to the Land Office and request a new Chanote. It is essential to have the original, as been said, a copy is of no value, as it states the owner, previous owners if any, and possible mortgages and loans taken with the deed as security.

As has been said here too, a foreigner cannot own land, in general, but you can take some precautions like a usufruct to protect yourself