I need an English speaking lawyer!

[marrmrrs]

Hi

New to Visa Forum.... Need an English speaking lawyer now!!... Bought a house and moved in 6 weeks ago and multiple problems and nothing being done. Am going to get a lawyer involved and try to force them to finish this house....

Any Suggestions woud be appreciated..

Regards

David

Edited November 7, 2013 by Rimmer
Name and shame content removed

[Honkie]

Be careful , if you mention company name in an open forum , you might ended up being sued, THEN you will really need a lawyer !!!

[marrmrrs]

Be careful , if you mention company name in an open forum , you might ended up being sued, THEN you will really need a lawyer !!!

Point Taken.... Although they SHOULD be named and shamed!!

[Honkie]

Well , no comment on the stupid libel and defamation laws here in Thailand.

Back to the issue of your house , did you do a QC check on your house BEFORE you paid everything and move in ?

[neilf]

Contact a Thai lady called Gee Gee on 0818629033

she is in pattaya and very good

Sent from my AM741RC using Thaivisa Connect Thailand mobile app

[Balance]

I do not know where you are from, but the first thing to understand is that the legal system in Thailand bears little resemblance to that in the U.S. or EU countries. Most Thais do not use it, and the almost universal advice to farangs is also stay away unless you have the money and lots of time. First, under Thai law, you do not have the same standing as a Thai. "Forcing" a Thai to finish something is a non-starter, and getting your money back is also probably a non-starter. All of that being said, if you want legal advice quickly I would use one of the big law firms like Siam Legal to get some advise as to what your options are. Write out a detailed narrative of what transpired, and bring all documents with you. If you have a Thai wife that was party to the transaction, bring her also.

Good luck

[marrmrrs]

Well , no comment on the stupid libel and defamation laws here in Thailand.

Back to the issue of your house , did you do a QC check on your house BEFORE you paid everything and move in ?

Not sure what QC is but did a "walk through" of the house and all seemed OK... Bit of snagging but paid the money and it just went down hill from then on and it takes them for ever to do things and they leave them half finished.... As a result of this... I sit here and there is no water... The laminate floor has been ripped up and half put back... The patio has to be lifted and is still not finished.. This just goes on and on....

Thanks

David

[marrmrrs]

I do not know where you are from, but the first thing to understand is that the legal system in Thailand bears little resemblance to that in the U.S. or EU countries. Most Thais do not use it, and the almost universal advice to farangs is also stay away unless you have the money and lots of time. First, under Thai law, you do not have the same standing as a Thai. "Forcing" a Thai to finish something is a non-starter, and getting your money back is also probably a non-starter. All of that being said, if you want legal advice quickly I would use one of the big law firms like Siam Legal to get some advise as to what your options are. Write out a detailed narrative of what transpired, and bring all documents with you. If you have a Thai wife that was party to the transaction, bring her also.

Good luck

Thanks for that...They were at the top of Google!.. So have contacted them and will take it from there...

Thanks for your help

David.

[marrmrrs]

Contact a Thai lady called Gee Gee on 0818629033

she is in pattaya and very good

Sent from my AM741RC using Thaivisa Connect Thailand mobile app

Hi Thanks for that...

I take it she has legal background?

Might give her a call..

Many Thanks

[Rimmer]

In using Thai Visa I agree:

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.

[Tolley]

Hate to say it but the OP is probably just throwing away more money by contacting a lawyer.

[Dag Ekeberg]

Scare tactics are not being very helpful to farangs here. Thaivisa has naturally attracted some attention, due to the thousands of insane members (kidding, members). But you should not discourage a farang from taking legal action. The defamation laws in Thailand are almost exclusively used to hurt wealthy political opponents. Farangs with a legitimate case should press ahead. And, if there is a problem with a “questionable” judge, just create a stink on Thaivisa…

[Honkie]

 

Scare tactics are not being very helpful to farangs here. Thaivisa has naturally attracted some attention, due to the thousands of insane members (kidding, members). But you should not discourage a farang from taking legal action. The defamation laws in Thailand are almost exclusively used to hurt wealthy political opponents. Farangs with a legitimate case should press ahead. And, if there is a problem with a “questionable” judge, just create a stink on Thaivisa…

 

In the meantime, all the honourable members of ThaiVisa will jump in to help you with the legal bills , visit you while on remand in prison and LOOKING AFTER your partner(s).....

[JSixpack]

 

Scare tactics are not being very helpful to farangs here. Thaivisa has naturally attracted some attention, due to the thousands of insane members (kidding, members). But you should not discourage a farang from taking legal action. The defamation laws in Thailand are almost exclusively used to hurt wealthy political opponents. Farangs with a legitimate case should press ahead. And, if there is a problem with a “questionable” judge, just create a stink on Thaivisa…

 

In the meantime, all the honourable members of ThaiVisa will jump in to help you with the legal bills , visit you while on remand in prison and LOOKING AFTER your partner(s).....

True, TV members do love to spend other members' money.

[jimmybkk]

Try to speak to Pico at Magna Carta, opposite CAT on South Pattaya Road. He speaks great English and I believe he may have some property development interests so he should know a bit about the subject. There are also a couple of foreigners working there who may be able to assist if you don't get to speak to Pico directly.

[marrmrrs]

Try to speak to Pico at Magna Carta, opposite CAT on South Pattaya Road. He speaks great English and I believe he may have some property development interests so he should know a bit about the subject. There are also a couple of foreigners working there who may be able to assist if you don't get to speak to Pico directly.

Thanks for taking the time to advise and will take a note.. And if this outfit do not finish i may contact them..

Again Thanks

[bangkokstick]

Maybe easier to find another company to finish the job and pay by day...

How much do you estimate that the first company own you by not finishing the work ?

[Skint]

Focus on getting them to finish the largest issue then get someone else to finish the rest, a lawyer will more than likely cost a lot more.

Sent from my iPhone using Thaivisa Connect Thailand

[cup-O-coffee]

I do not think you need a lawyer. If you purchased the house, then the house in its current state is yours. That is what you purchased from this point on.

Have you considered sacking the ones who are not doing their job and hiring another crew that is reputable to finish it for you. Simply consider it as a renovation project at this point. Get a quote first, and a plan of stages whereby you pay them at the completion of each stage.

The money you have lost towards the unfinished business is lost. The money you will spend getting the bums to finish would be better spent on the renovation project. You may have to be a bit more involved in the project, but this is what I would do were I in your position.

As an end note, I have often wondered what would be the result if someone outside LOS were to start a blog where contributors from all over the world (one country in particular) could submit their experiences, including photos, names, etc on how they were cheated, tricked, lied to, extorted, and so on. I am certain that the cheaters and liars would cry foul, as they always (always) do, but it certainly would force them to change or go out of business with the foreign sector once this blog got the attention it deserved. I am merely expressing something I have wondered about. That's all.

[phitsanulokjohn]

I'm so sorry to hear of your plight.There certainly are some cowboy builders about.I was God blessed with mine.I wish you all the very best,hope you can bring this distasteful matter to a satisfactory conclusion.

[Guderian]

If you insist on getting a lawyer involved then I can also recommend Magna Carta by Soi Rungland on South Pattaya Road. I deal with Tony Justice there. Just Google for their website and contact details.

As others have mentioned, though, getting builders to sort out the problems they create is not always straightforward here. I had new drains laid around the house back in March and they messed up the pathway tiling afterwards. It all looked fine and dandy until the first rain hit and then you could see that around one corner of the house there's a depression about an inch deep where they failed to level the tiles properly. Water and dirt gather in this depression and it's a nice breeding ground for mossies and various forms of algae. The builder keeps on promising me that he will come and fix it, I saw him two days ago and he's still promising me he will do it, but so far the depression is still there. Personally I wouldn't think of getting a lawyer involved, if the guy doesn't fix it by the end of the year once the dry season has started then I'll get somebody else to do it and just put it down to experience. Sadly, that's often the only realistic way to go here.

[Dag Ekeberg]

My experience is that Thai builders generally are honest and want to correct problems. The exception is guys who hang around tourist spots and speak a bit of English…

[MK1]

Hate to say it but the OP is probably just throwing away more money by contacting a lawyer.

I disagree. You need lawyer to inform you of your contractual rights. That way you can make a balanced risk–benefit decision. This should be someone who specializes in construction law and actually works in the court. There are plenty of legal consultants posing as lawyers who do not have a certificate of practice so beware. You may also get referred along the way to that particular lawyer; but never mind knowledge is everything.

You should also be aware that normally, in a written contract, after practical completion, there is a 12 month defect / notification liability period for the main contractor to fix all the defects. This is standard practice but this is why you need a lawyer to examine what sought of contractual arrangements you had between yourself and the main contractor from the beginning. It is difficult to speculate on everything else because you have not disclosed what type of contractual arrangements you had; verbal or written?

Edited November 8, 2013 by MK1

[Tolley]

Hate to say it but the OP is probably just throwing away more money by contacting a lawyer.

I disagree. You need lawyer to inform you of your contractual rights. That way you can make a balanced risk–benefit decision. This should be someone who specializes in construction law and actually works in the court. There are plenty of legal consultants posing as lawyers who do not have a certificate of practice so beware. You may also get referred along the way to that particular lawyer; but never mind knowledge is everything.

You should also be aware that normally, in a written contract, after practical completion, there is a 12 month defect / notification liability period for the main contractor to fix all the defects. This is standard practice but this is why you need a lawyer to examine what sought of contractual arrangements you had between yourself and the main contractor from the beginning. It is difficult to speculate on everything else because you have not disclosed what type of contractual arrangements you had; verbal or written?

[MK1]

Moreover, a lawyer will also inform you of your rights under the Consumer Protection Act (1979) if indeed your home was a new build.

For example: Section 4.
The consumer has the following rights of protection:
(1) the right to receive correct and sufficient information and description as to the quality of goods or services;
(2) the right to enjoy freedom in the choice of goods or services;
(3) the right to expect safety in the use of goods or services;
(3 bis) the right to a fair contract;
(4) the right to have the injury considered and compensated in accordance with the laws on such matters or with the provisions of this Act.

Edited November 8, 2013 by MK1

[marrmrrs]

Maybe easier to find another company to finish the job and pay by day...

How much do you estimate that the first company own you by not finishing the work ?

I am not sure about he cost?... Will look into t though!!!

Thanks

[marrmrrs]

Focus on getting them to finish the largest issue then get someone else to finish the rest, a lawyer will more than likely cost a lot more.

Sent from my iPhone using Thaivisa Connect Thailand

I am starting to realise this!!

Cheers for the help..

[marrmrrs]

I'm so sorry to hear of your plight.There certainly are some cowboy builders about.I was God blessed with mine.I wish you all the very best,hope you can bring this distasteful matter to a satisfactory conclusion.

Thanks very much for the kind words..

It will all work out i am sure...

Again Thanks

[KittenKong]

I know a few farangs who have taken Thai companies to court and won, so it can be done. It wasn't quick but in the end they did get what they wanted and had their costs paid.

I also know people both here and in the west who have taken companies to court and won, and then found that the company is bust and has nothing to pay with. So that was just a complete waste of time and money for them.

I think the most important thing that anyone can learn regarding builders and the like is never pay over all the money until everything is to your satisfaction. Always keep 20% back and never pay in advance for things that have not yet been done. This applies in the west too.