Late Condo Now Complete And No Refund

[isawasnake]

I purchased a condo offplan and it was suppsed to be completed about 6 months ago. At this point the condo is "completed", or at least they are telling me to check it and pay after. The building, pool and upper floors are definitely not complete. I do not want the condo anymore. There have been too many problems, and it still isn't done as far as I am concerned, yet the manager told me that 1) they will only pay a small portion (13000) of their required fee for being late 2) that if we don't buy it we will have to find another buyer to get our money back.

I realize his response was pretty weak considering his position, but I had a couple of questions before I go in there and speaking with them.

When the contract talks about the condo being late, and you having a choice to purchase or cancel, is that the only point in time you can cancel and get a refund, or can you at any point in time (ie right up until they do "complete" it)?

If I have more trouble after going in there and speaking with them, so you guys suggest I get a lawyer, or use Thai consumer protection?

[kaspercat]

Where is this condo located? Perhaps sell it?

[Delight]

It depends on the definition of complete.

As far as the law is concerned the condo is only complete when it is registered as a Condominium Juristic Person .Prior to this the building is simply that –a building.

Typically condos are occupied by the co –owners when the building has a safety certificate to verify it is safe .

The actual registration /acceptance process is usually complete a few months after people move in . Then the transfer process –developer to co –owner –commences.

In the context of your claim the legal process is not interested in swimming pools etc.

If the condo is 6 months late –then a court is unlikely to rule in your favour. If it is say 3 years late then they typically will support your case –even if a ‘late clause ’does not feature in your contract. This is on the basis that the delay is unreasonable.

In my experience all condos are late. Mine was 1 year

It is unlikely that you can walk away from your contract and get your money back–unless a court says you can or the developer agrees.

You will need a lawyer in my view. That said any consumer protection agency should give you advice. Have you actually found one in Thailand?

[Rancid]

Thai real estate is still bubbling along, I would also consider taking possession and selling it, might make a few dollars.

[JohnC]

The first thing to do in my opinion would be to read your contract, when was the completion date? What is the penalty for late completion and when des it take effect (. Some contracts allow for a six month over run) does the completion part of the contract stipulate that the infrastructure should also be in place? Lots of questions and yes maybe get some legal advice.

[DDuval]

Welcome to Thailand. Buy a condo or house.... No Way!!!!!!!!!!!!!!!!!!

Edited October 8, 2012 by DDuval

[Briggsy]

Welcome to Thailand. Buy a condo or house.... No Way!!!!!!!!!!!!!!!!!!

Welcome to speculating a.k.a. gambling, buying a condo off plan.

[Rimmer]

One post removed, also a quoted reply. You might like to think before you post remarks like that.

[isawasnake]

Welcome to Thailand. Buy a condo or house.... No Way!!!!!!!!!!!!!!!!!!

Welcome to speculating a.k.a. gambling, buying a condo off plan.

I actually agree. It would not be so bad if the developers were actually real men who kept their word. That is just way too much to ask though I guess. It is funny to me. I went in and talked with them today and I realized I should not get too worked up about a little money. Their reasoning is just so childish though, I really feel sorry for them in a way. The talk went something along the lines of "you owe us X baht for being late, correct?".... "yes, we will pay you X-(insert figure they wished here)". I later retorted with something along the lines of "well, what if we wanted to pay condo price minus an amount we see fit, would that work for you?". All I got was smiles. And then I finally realized, THAT is why it is called the land of smiles.