Deposit Refund

[Mungo]

Hello.

I recently forwarded a reasonably large deposit to a property developer in Hua Hin, but due to a change of circumstances at home, decided that I could not proceed with the purchase in the time scales advised by the developer. Although I asked my UK bank to return the funds and they actually initially held it in the Thai bank, the real estate agent still proceeded to take the money even though they were originally advised by the bank that it was about to be returned to me in the UK.

As I was traveling overseas soon after, I could do nothing, I only found out that they actually had my money while overseas. In the meantime they have sold my plot to another buyer, I was not given an opportunity to either continue with the purchase or loose my money, at present they have not yet returned it.

I have been advised that in the event a that a vendor defaults on his contract, then he is obliged to refund the deposit, in my case it seems that he has sold the plot I agreed to purchase without consulting me at all, is this default of contract even though no contracts were signed? Everything was conducted via email of which I have every single copy.

In addition, does anyone have any comments or recommendations that they could offer me at this time, I really cannot afford to loose this money and I was never advised that should I not continue, it would be forfeited ?

Thank you in advance.

Edited December 31, 2005 by Mungo

[Dragonman]

Hello.

I recently forwarded a reasonably large deposit to a property developer in Hua Hin, but due to a change of circumstances at home, decided that I could not proceed with the purchase in the time scales advised by the developer. Although I asked my UK bank to return the funds and they actually initially held it in the Thai bank, the real estate agent still proceeded to take the money even though they were originally advised by the bank that it was about to be returned to me in the UK.

As I was traveling overseas soon after, I could do nothing, I only found out that they actually had my money while overseas. In the meantime they have sold my plot to another buyer, I was not given an opportunity to either continue with the purchase or loose my money, at present they have not yet returned it.

I have been advised that in the event a that a vendor defaults on his contract, then he is obliged to refund the deposit, in my case it seems that he has sold the plot I agreed to purchase without consulting me at all, is this default of contract even though no contracts were signed? Everything was conducted via email of which I have every single copy.

In addition, does anyone have any comments or recommendations that they could offer me at this time, I really cannot afford to loose this money and I was never advised that should I not continue, it would be forfeited ?

Thank you in advance.

<{POST_SNAPBACK}>

Hi Mungo. E-mail commerce is a bit of a grey area in Thai law, and courts generally follow the principle of general contract. But how without any signatures I don't know. Of course you are entitled to your deposit back as long as it was not stated in any of the correspondence that it was totally non refundable, which is common in Thailand. Did you advise them by e-mail that the contract was broken before "stopping" the deposit? It depends on how much the deposit was whether you should go through a lawyer in Thailand to recover your money, thousands or hundreds of thousands of baht?

[Mungo]

Hello.

I recently forwarded a reasonably large deposit to a property developer in Hua Hin, but due to a change of circumstances at home, decided that I could not proceed with the purchase in the time scales advised by the developer. Although I asked my UK bank to return the funds and they actually initially held it in the Thai bank, the real estate agent still proceeded to take the money even though they were originally advised by the bank that it was about to be returned to me in the UK.

As I was traveling overseas soon after, I could do nothing, I only found out that they actually had my money while overseas. In the meantime they have sold my plot to another buyer, I was not given an opportunity to either continue with the purchase or loose my money, at present they have not yet returned it.

I have been advised that in the event a that a vendor defaults on his contract, then he is obliged to refund the deposit, in my case it seems that he has sold the plot I agreed to purchase without consulting me at all, is this default of contract even though no contracts were signed? Everything was conducted via email of which I have every single copy.

In addition, does anyone have any comments or recommendations that they could offer me at this time, I really cannot afford to loose this money and I was never advised that should I not continue, it would be forfeited ?

Thank you in advance.

<{POST_SNAPBACK}>

Hi Mungo. E-mail commerce is a bit of a grey area in Thai law, and courts generally follow the principle of general contract. But how without any signatures I don't know. Of course you are entitled to your deposit back as long as it was not stated in any of the correspondence that it was totally non refundable, which is common in Thailand. Did you advise them by e-mail that the contract was broken before "stopping" the deposit? It depends on how much the deposit was whether you should go through a lawyer in Thailand to recover your money, thousands or hundreds of thousands of baht?

<{POST_SNAPBACK}>

Thank you for the reply. Fortunately, having just discussed the issue with the agent, explained my personal circumstances and their failings (in my opinion), they have now agreed to refund my deposit. It is reassuring to know that there are some good, honest business out there that will listen to your side of things and make the right decisions.

[ThaiPauly]

A rarirty indeed Mungo.

You have been very fortunate.

well done you!