Rayong Condo Owners Sue Developer

[webfact]

Rayong condo owners sue developer

PONGPHON SARNSAMAK

The Nation

RAYONG: -- About a dozen people, including expatriates, were present at court yesterday to file a criminal lawsuit against the developer of a luxury condominium in Rayong and demand a refund because services offered in reality were not like the ones advertised.

The group was representing the 80 plaintiffs, of whom 50 are Thai nationals.

"We’ve arrived at this point because we have not been able to achieve anything after seven months of negotiations. The problems are primarily about the upkeep and the quality of the property and the unnecessarily high maintenance fees we are being charged," retired British expat Mark Robert Stephen said.

The units, costing up to Bt15 million each, had been bought about two years ago. As the condominium is close to Rayong’s Mae Pim beach, many bought units to use as retirement or vacation homes, while some thought it would be a good investment. Stephen said it would have been a good project if the developers had delivered what they advertised.

He said most buyers had decided to purchase units at this 14-storey luxury condominium because they were promised large public rest areas, an 8,000-square-metre swimming pool and a big water slide.

"Later we discovered we did not have a huge pool or a big water slide," said Sherry Watson, a Thai national who bought a 200-square-metre unit. She added that the developers violated the law because the road leading up to the property was not 6 metres wide as advertised, but was far too small for a fire engine to access.

"I bought this property because I thought it would be a lovely place to live in, since it was being developed by a company that developed a five-star hotel. However, the reality is totally different from what they advertised," she said.

-- The Nation 2012-11-06

[hgma]

joint action.....something realy isn;t right.

Good to see Thai making a stand together with their forign fellow dupes

[rkidlad]

"Later we discovered we did not have a huge pool or a big water slide," said Sherry Watson

Oh, diddums!

Being serious, it's good to see people standing up for themselves. I remember trying to buy a new car and the amount of lies I was told was unbelievable, It's very frustrating when you tell people and they just seem to accept it.

[CelticBhoy]

Look at that picture of them all.

A big water slide would bring on

countless heart attacks for those

coffin-dodgers! The developer has

saved them a few years.

(Just kidding)

Why isn't the developer named?

[asiawatcher]

Get the details of the Cocos developer in Samui as the precedent. It's called "misrepresentation with intent to defraud". You have to prove intent. If there was never enough in the budget to begin, your would still need to prove 'intent'. It is a criminal matter not just civil so get the police on it too. The more pressure you bring the more you are likely to get a faster settlement. And Cocos took about ten years... as even the court and police were on the take (of course). You can of course vote by body corporate to change the maintenance contract immediately for failure to account and again, misrepresentation. You don't need to sit out their term. Negligence and alleged fraud gives you rights to repudiate the contract immediately. Start by having them charged by the police.

[moe666]

Another dodgy condo in Thailand whats new. A guy here in CM had to put it all in his girlfriends name as someone turned him in for working without a permit, collecting rents, remodeling, and so on, and it all started with a complaint to management about lack of upkeep.

[davejones]

Another dodgy condo in Thailand whats new. A guy here in CM had to put it all in his girlfriends name as someone turned him in for working without a permit, collecting rents, remodeling, and so on, and it all started with a complaint to management about lack of upkeep.

If you're caught working without a permit it doesn't mean you have to give your condo away. If he put the condo in his gf's name, it has nothing to do with what you mentioned. Owning a condo is a completely separate issue

[NoBrainer]

Why don't they Name the Developer / Development in this story? Kind of useless news if it doesn't help other potential buyers make an informed choice.

There is a lot of useless news published in Thailand, with non existent, or incomplete details, and zero follow up.

Edited November 6, 2012 by NoBrainer

[Bill999]

"Later we discovered we did not have a huge pool or a big water slide," said Sherry Watson

Oh, diddums!

Being serious, it's good to see people standing up for themselves. I remember trying to buy a new car and the amount of lies I was told was unbelievable, It's very frustrating when you tell people and they just seem to accept it.

"Oh, diddums!". Moronic comment.

[Bill999]

Look at that picture of them all.

A big water slide would bring on

countless heart attacks for those

coffin-dodgers! The developer has

saved them a few years.

(Just kidding)

Why isn't the developer named?

Offensive idiot.

[KarstenBoAndersen]

Remember the owners of the condominimum can elect new management of the condos, so just start with calling for a general meeting, all details is in the Act of condominmum of 2008 first meeting have to have 70% participants, if not enough next meeting 2 weeks later need les etc.

So quite easy to get a new management elected.

[Keesters]

I remember trying to buy a new car and the amount of lies I was told was unbelievable...

I remember a lot of people voting for Thailand's current government and the amount of lies they were told was unbelievable.

[EarthAlien]

Good luck,... the civil court in Thailand is an absolute joke.

No accountability,.. and even if the plaintiffs are delivered a win from the courts then there's the actual cashing in on the claims.

Unless the defendant is willing to cooperate (which on account of losing face they invariably are not) then the plaintiffs are screwed trying to get any money.

This is a country in which plaintiff and judement recipients cannot commence company wind up or liquidation proceedings unlike in the west where in most countries a notice of intention to wind up can be issued and from there the company generally has no more than 28 days to pay up or be liquidated but here in LOS it just goes on from one court to another and another until the plaintffs realize that they must either give up or take some measily fraction of the compensation that they were awarded in court.

I speak from personal experience having successfully sued a large property developer here in Chiangmai and having been awarded full payment and costs and interest in two courts over a 4 year period. Now it's with another court (Deegar) and into the 6th year in total with no end in sight.

An absolute joke and an insult to due process and procedure that should be based on purpose and ethics rather than the protection of the wealthy and the face saving antics of the powerful!

[PoorSucker]

Why isn't the developer named?

Thailand has harsh libel law.

Even if you are right you can be sued.

Remember the food critic that got sued for writing a bad review.

The restaurant owner sued for lost business and won.

[mmushr00m]

8000 sqm pool, thats bigger then a football field.

Good luck to them. The fascade of my condo have been undergoing reno for 2 years. It first took them 2yrs to agree to fix what they didn't do properly. The work was supposed to be 3-4months.

Edited November 6, 2012 by mmushr00m

[rkidlad]

"Later we discovered we did not have a huge pool or a big water slide," said Sherry Watson

Oh, diddums!

Being serious, it's good to see people standing up for themselves. I remember trying to buy a new car and the amount of lies I was told was unbelievable, It's very frustrating when you tell people and they just seem to accept it.

"Oh, diddums!". Moronic comment.

The comment was sarcastic and said in jest.

Of all the things they could have said that weren't done, a big water slide wouldn't be high on the list. It's a bad example of things that the developers said would be completed but weren't.

Do try to read between the lines.

[joboss]

Get the details of the Cocos developer in Samui as the precedent. It's called "misrepresentation with intent to defraud". You have to prove intent. If there was never enough in the budget to begin, your would still need to prove 'intent'. It is a criminal matter not just civil so get the police on it too. The more pressure you bring the more you are likely to get a faster settlement. And Cocos took about ten years... as even the court and police were on the take (of course). You can of course vote by body corporate to change the maintenance contract immediately for failure to account and again, misrepresentation. You don't need to sit out their term. Negligence and alleged fraud gives you rights to repudiate the contract immediately. Start by having them charged by the police.

Police cost time and money. just cancel the maintenance contract.

[dcutman]

I live not far from this place, and actually inquired about renting a unit while building my house, when I moved here.

Nice looking project, great area. I think the problem is, these people realized they paid way to much, and could not rent these units for what they wanted. B40,000 for a small 2 bedroom condo in this area is just not going to happen.

As for the pool, it probably was in the original plan but they decided to build these tiny, stupid looking 2 story houses in front, blocking the lower units view of the sea. I am sure that pissed off a few people.

If I get by there i will stop in and ask who the developer is/was, I do believe it was<snip>.

BTW I have never seen a lite on, when I drive by there at night. Looks like many condo projects in Pattaya and Bangkok.

Edited November 6, 2012 by craigt3365
Business reference removed-libel

[vijer]

Why isn't the developer named?

Thailand has harsh libel law.

Even if you are right you can be sued.

Remember the food critic that got sued for writing a bad review.

The restaurant owner sued for lost business and won.

Yes, slander is taken seriously and murder and fraud are just a nuisance.

[timewilltell]

Good luck,... the civil court in Thailand is an absolute joke.

No accountability,.. and even if the plaintiffs are delivered a win from the courts then there's the actual cashing in on the claims.

Unless the defendant is willing to cooperate (which on account of losing face they invariably are not) then the plaintiffs are screwed trying to get any money.

This is a country in which plaintiff and judement recipients cannot commence company wind up or liquidation proceedings unlike in the west where in most countries a notice of intention to wind up can be issued and from there the company generally has no more than 28 days to pay up or be liquidated but here in LOS it just goes on from one court to another and another until the plaintffs realize that they must either give up or take some measily fraction of the compensation that they were awarded in court.

I speak from personal experience having successfully sued a large property developer here in Chiangmai and having been awarded full payment and costs and interest in two courts over a 4 year period. Now it's with another court (Deegar) and into the 6th year in total with no end in sight.

An absolute joke and an insult to due process and procedure that should be based on purpose and ethics rather than the protection of the wealthy and the face saving antics of the powerful!

Yes this is exactly the problem in Thailand and the reason no business should invest here. Of course the Embassies are busy trying to boost business from their country without any indications of the issues which are not clear from the outside. There is, on the surface, a semblance of a rule fo law but the laws are made to keep the rich, rich and to suck the blood of anyone trying to recover anything that has been stolen from them. The whole justice system from police, to court procedure, the corrupt lawyers and corrupt judges all hidden behind a facade of smoke and mirrors to hide the reality - because the reality is that the law is there solely for the protection of the lawmakers and their friends. Don't ever expect justice here.

[Hunter88]

Buying a condo. in Thailand is just plain stupid. I would say read the fine print but there is none. The developer always wins as they keep the pool, roads and never show the books. Live and learn in Thailand.

[Rancid]

I remember trying to buy a new car and the amount of lies I was told was unbelievable...

I remember a lot of people voting for Thailand's current government and the amount of lies they were told was unbelievable.

Unlike "Change You Can Believe In" in the US that changed nothing whatsoever or "There will be no carbon tax under this government" in Australia where they then introduced a carbon tax straight after the election? All governments lie, it is how they get elected.

Good luck with the legal action, might help reduce temptation from other developers wanting to develop an even better profit margin.

[bigbamboo]

Ever been had!

[craigt3365]

PLEASE!!! No references to this business or any associated business. As mentioned above, the defamation and libel laws in Thailand are draconian. Please abide by forum rules:

6) Not to post comments that could be reasonably construed as defamation or libel.

Defamation is the issuance of a false statement about another person, which causes that person to suffer harm. Libel involves the making of defamatory statements in a printed or fixed medium, such as a magazine or newspaper.

[Keesters]

All governments lie, it is how they get elected.

Just because everybody does it doesn't make it right. Election campaign promises should be fulfilled. They are a contract with the electorate. Failure should result in "Breach of Contract" lawsuits. Governments and developers as in this case will continue to lie until we, the public, stand up against them and fight for our rights. Well done to the condo owners for pursuing what they believe is their entitlement. They are showing some backbone.

[Thai at Heart]

These libel laws are do bizzare.

Isn't the name of the company part of public record. Wouldn't the name have been published on the board add part of the process of submitting the documents to the court.