Advice Needed On Selling Land....Partner Has Disappeared

[cbd00]

Hi all,

Wondering if anyone has any knowledge of selling land where one of the partners has disappeared and is unreachable ?

My friend is in Europe and he purchased a small plot of land in Samui a few years ago with his then friend and partner who has been missing for about 8 months now.

Some one has shown interest in buying the land so I am trying to help him if possible.

I believe they also formed a company and bought the land in the company name. As they are both listed as the owners is there a way that he can sell the land without his partner being present and if so what is the procedure he has to take?

Thanks in advance for any help with this.

[zorro1]

Good question. Its highly unlikely he can sell unless it was written in to the contract. A missing persons report would be a start and have they contacted a lawyer? that would be the smart thing to do

[cbd00]

Good question. Its highly unlikely he can sell unless it was written in to the contract. A missing persons report would be a start and have they contacted a lawyer? that would be the smart thing to do

I believe the last contact with missing guy was in January and he was somewhere in Sihanookville Camodia.

Am waiting for the contact of the lawyer that they used in Samui...

[Boater]

contact Suthep - 0819708562 , he will be the best lawyer on samui that can assist you, he also very good conections at the land office..

[zorro1]

They should be able to sell and hold the missing persons share in a trust with the help of a lawyer , assuming he is genuinely missing and may even be presumed dead. Not sure of the time frame involved though

[Darrel]

If the people in question aren't Thai then they certainly had to use a company structure at the time of purchase, as a foreigner cant buy land directly in his own name.

So although we don't know the nationalities of any of these people, the odds are that somewhere or another there will be a Thai person who owns at least 51% of the company shares.

I would be inclined to look for him/her first, assuming that they haven't already sold the land and spent the proceeds.

[thaiwanderer]

So although we don't know the nationalities of any of these people, the odds are that somewhere or another there will be a Thai person who owns at least 51% of the company shares.

and?

[Darrel]

and?

And finding them may well cast some light on the rest of the situation. Surely that's pretty obvious?

Got to be easier than hunting for a vague foreign someone who "may" be in Cambodia, or indeed anywhere else on the planet.

[thaiwanderer]

and?

And finding them may well cast some light on the rest of the situation. Surely that's pretty obvious?

Got to be easier than hunting for a vague foreign someone who "may" be in Cambodia, or indeed anywhere else on the planet.

Nothing obvious, nor necessary applicable or helpful in involving the other shareholders.

[Darrel]

Nothing obvious, nor necessary applicable or helpful in involving the other shareholders.

Seems obvious to me, but then it seems equally obvious to me that one should never get involved with owning Thai land via a company structure that is probably illegal, or indeed get involved in a business venture in Thailand with someone who is likely to skip off to parts unknown without bothering to leave a forwarding address.

On occasions when I have been involved in a business relationship with other people I have had nothing to hide at all, and have always ensured that all my partners knew exactly as much as I did about what was happening. Honesty and openness never did me any harm, on the contrary. Admittedly all those partners were real partners, not ephemeral nominee entities of dubious legality.

Maybe things are different here, as you seem to imply. I'm just glad I will never need to find out first hand.

[Noodles]

Can a thai national married to a farang at the time of purchase, change the name

on the chanote to another thai, without the farang husband being present at the land office?

Thanks

[thaiwanderer]

Can a thai national married to a farang at the time of purchase, change the name

on the chanote to another thai, without the farang husband being present at the land office?

Thanks

You'll have to give a bit more information (including but not limited to - what's it got to do with the farang?) but in any event I suspect the answer will be yes.

[Noodles]

Can a thai national married to a farang at the time of purchase, change the name

on the chanote to another thai, without the farang husband being present at the land office?

Thanks

You'll have to give a bit more information (including but not limited to - what's it got to do with the farang?) but in any event I suspect the answer will be yes.

I was under the impression that the husband had to be present to sign a document

when the selling of land takes place, as when purchasing it?

[thaiwanderer]

Can a thai national married to a farang at the time of purchase, change the name

on the chanote to another thai, without the farang husband being present at the land office?

Thanks

You'll have to give a bit more information (including but not limited to - what's it got to do with the farang?) but in any event I suspect the answer will be yes.

I was under the impression that the husband had to be present to sign a document

when the selling of land takes place, as when purchasing it?

Why? to say again he has no claim / interest in the matter?

[InterestedObserver]

Can a thai national married to a farang at the time of purchase, change the name

on the chanote to another thai, without the farang husband being present at the land office?

Thanks

You'll have to give a bit more information (including but not limited to - what's it got to do with the farang?) but in any event I suspect the answer will be yes.

I was under the impression that the husband had to be present to sign a document

when the selling of land takes place, as when purchasing it?

Why? to say again he has no claim / interest in the matter?

Because by Thai law the legal husband has a 50% interest in the matter. Civil and Commercial Code, Chapter IV, Property of Husband and Wife.

[thaiwanderer]

Why? to say again he has no claim / interest in the matter?

Because by Thai law the legal husband has a 50% interest in the matter. Civil and Commercial Code, Chapter IV, Property of Husband and Wife.

The husband's interest in the land will have been waived by the first declaration.

The buyer and the land office would be uninterested in a second declaration.

The husband's potential interest in the funds subsequently wouldn't necessarily be affected by it and he would be illadvised to sign.