54321 Posted March 3, 2014 Share Posted March 3, 2014 I have an ongoing dispute with a property developer, i believe rules prevent me from naming them. Despite the balcony tiles being uneven, the gaps in the flooring, the uneven walls, the rusty metalwork ..... they say its useable and thus not a defect (this is VP saying this, the new MD declined to speak with me). I contacted the office for consumer protection in November, but they have only just re-opened today. I got fed up today when I noticed water staining coming through another wall. There are other defects i want resolving in the common parts of the building They have about 50 units left to sell so i sat outside their office (on site) and spoke to everyone as they entered and invited them to look at my pictures of my rejected defects. Now to my question/assumption Provided I am simply showing the prospective customers my photographs of my condo and quoting the words of the VP (which i surprisingly have in writing), that it is useable I cant be breaking any law can ? Your thoughts (some defects relate to the building, the Nitti appear uninterested. My defects will cost c. 200,000 to remedy, the building defects 20 million. They closed the office early today and seemed to be making a few calls as i sat outside. I plan to get a sign/plakard printed tomorrow. And yes, i could leave it but i am pissed of when a set 50 company behaves like a cowboy and am prepeared to make a stand) 1 Link to comment Share on other sites More sharing options...
SheungWan Posted March 3, 2014 Share Posted March 3, 2014 Good luck. Do you have contact with any other owners? Link to comment Share on other sites More sharing options...
Popular Post AyG Posted March 4, 2014 Popular Post Share Posted March 4, 2014 You might want to read up on defamation law in Thailand. Plenty of cases of people getting into trouble for making true statements which are perceived by others as derogatory. (It's particularly popular for politicians to use this law to silence their critics - even if the criticisms are true.) 5 Link to comment Share on other sites More sharing options...
NeverSure Posted March 4, 2014 Share Posted March 4, 2014 Yes, we are used to the doctrine that the truth is an absolute defense against a charge of defamation. Not so in Thailand. I would stop immediately and hope it's soon enough. Link to comment Share on other sites More sharing options...
Langsuan Man Posted March 4, 2014 Share Posted March 4, 2014 To echo others: In a country where the violation of the most draconian law is determined by the term deemed to be offensive I would contact a lawyer and have them handle your displeasure with the developer You have no expectation of free speech in this country and paying a lawyer before you get into trouble is much cheaper than after your get into trouble 2 Link to comment Share on other sites More sharing options...
zaZa9 Posted March 4, 2014 Share Posted March 4, 2014 I would love to think that individuals in Thailand can achieve the level of prestige your developer has risen to WITHOUT them being corrupt or dishonest or treading on anyones toes , but the longer I live here, the more I grow to doubt that. Sadly , and while I admire your spirit , I would recommend you close your protest down , while you still are fit and well. Engage a lawyer. Link to comment Share on other sites More sharing options...
jacko45k Posted March 4, 2014 Share Posted March 4, 2014 Good luck... do you have medical insurance? 2 Link to comment Share on other sites More sharing options...
Popular Post whoisyourdaddy Posted March 4, 2014 Popular Post Share Posted March 4, 2014 A friend of mine had a problem with Tata truck he bought. Dealer kept fixing it and it kept breaking. Last time it broke down to fix was going to take 3 or so months for some reason . Tata refused to provide vehicle for the mean time. Md did send an email that Tata would pay 1000 baht for every day, only no money ever paid . This guy had enough. He took then truck back, broken . Made a huge sticker in both English and Thai , parked it on the road outside the dealership. Sign said things like " Tata trucks are crap" "Tata does not honor warranty" " Tata lies to customers" etc Week or so later, he got full refund for the truck. I am sure people in Pattaya saw the truck with the sign 3 Link to comment Share on other sites More sharing options...
belg Posted March 4, 2014 Share Posted March 4, 2014 just be carefull as life is cheap and hiring a drug fuelled wannabe killer/thug is found in plenty numbers to make the squicking cockroach disappear 2 Link to comment Share on other sites More sharing options...
crazykopite Posted March 4, 2014 Share Posted March 4, 2014 Thai or Farang constructors do not give a toss about the customer once you have paid the bill, guarantees mean a big fat zero in Thailand feel sorry for you mate even getting a lawyer is going to cost a fortune because at the end of the day these developers will use other peoples monies to pay the courts off . I have watched a neighbour lose every thing even his properties he is out of pocket by more than 20 Million sometimes it is best to walk away if it is a no win situation feel for you big time . Link to comment Share on other sites More sharing options...
Borzandy Posted March 4, 2014 Share Posted March 4, 2014 "i sat outside their office (on site) and spoke to everyone as they entered and invited them to look at my pictures of my rejected defects." move quickly, you are risking your life. Link to comment Share on other sites More sharing options...
razer Posted March 4, 2014 Share Posted March 4, 2014 Be careful. A friend of mine bought a house in a nearby resort area and had a dispute with the contractor over shoddy work. They filed suit. Her husband was shot point blank the night before the court date and is a quadriplegic now. Link to comment Share on other sites More sharing options...
Asiantravel Posted March 4, 2014 Share Posted March 4, 2014 (edited) I would love to think that individuals in Thailand can achieve the level of prestige your developer has risen to WITHOUT them being corrupt or dishonest or treading on anyones toes , but the longer I live here, the more I grow to doubt that. Sadly , and while I admire your spirit , I would recommend you close your protest down , while you still are fit and well. Engage a lawyer. Involving lawyers could be a real black hole involving even more expenditure dragged out over who knows how long? Rather than risk being sued for defamation the OP should make a nuisance of himself at the office of the OCPB and demand that they resolve this issue properly. If he is acting within the " cover " of a government agency( and I have had good experiences with them ) he can't be sued. Demand to go and see the top guy at the OCPB in person if necessary Khun Niroth Charoenprakob and stress to him this involves big money i.e. you are not dealing with just a 2000 or 3000 baht consumer item here and you expect Khun Niroth and his staff to help you to the max , according to B.E. 2540 which prescribes the consumer’s rights in Article 57 that "The right of a person as consumer shall be protected as prescribed by the laws.” http://www.ocpb.go.th/ewtadmin/ewt/ocpb_eng/ewt_news.php?nid=4 Edited March 4, 2014 by Asiantravel 1 Link to comment Share on other sites More sharing options...
AyG Posted March 4, 2014 Share Posted March 4, 2014 Good luck... do you have medical insurance? Didn't you mean "life insurance"? Link to comment Share on other sites More sharing options...
Brevity Posted March 4, 2014 Share Posted March 4, 2014 To echo others: In a country where the violation of the most draconian law is determined by the term deemed to be offensive I would contact a lawyer and have them handle your displeasure with the developer You have no expectation of free speech in this country and paying a lawyer before you get into trouble is much cheaper than after your get into trouble If you are going to hire a lawyer, first ask him if he has any US$10,000 bills. If he does, I would keep looking. If you don't know what I am joking about: http://www.thaivisa.com/forum/topic/708272-phuket-police-arrest-man-with-counterfeit-us10000-nan-francisco-bank-notes/ 1 Link to comment Share on other sites More sharing options...
Neilcnx Posted March 4, 2014 Share Posted March 4, 2014 The advice here is pretty reasonable, i.e. don't be a lighting rod for possible physical response. Finding a lawyer with ethics can also be a problem. OCPB can file a lawsuit on your behalf which could be strenghtened by the fact that others in the project are harmed as well. To that end, rather than warning potential customers, start lining up other owners to join you with a list of their problems. Law of survival: safety in numbers. 1 Link to comment Share on other sites More sharing options...
impulse Posted March 4, 2014 Share Posted March 4, 2014 start lining up other owners to join you with a list of their problems. Law of survival: safety in numbers. You're forgetting the other rule of business: Cut off the head to kill the snake. Or the Chinese idiom: Kill a chicken to scare the monkeys. Link to comment Share on other sites More sharing options...
richardt1808 Posted March 4, 2014 Share Posted March 4, 2014 I had a similar issue with a developer (for a house), but fortunately their manager did not try using the words "it is usable" to me. We settled the matter by referring to the demo unit, which I had first viewed and agreed that the standard should at least match the workmanship of the demo unit. Not sure if you have a demo unit in your building but it is a useful angle. Another angle which a friend mentioned to me at the time, is simply refuse to sign the transfer documents until you are happy. It may just prolong the matter, but as many people have mentioned above, sometimes it is just not worth beating around with the finer points in these deals as bad things can easily happen. OCPB can be very helpful if you approach them in the right way and if you have evidence to back your claim and approach them in a no-fuss way then you should get some joy. Best of luck 2 Link to comment Share on other sites More sharing options...
thailandbeachisland Posted March 4, 2014 Share Posted March 4, 2014 How much costs the condo ? I have seen defects in 20 MB condos and nobody came to help... Link to comment Share on other sites More sharing options...
VINCENT2012 Posted March 4, 2014 Share Posted March 4, 2014 yes you are right.....and when you are right you have to fight for it.....it doesn't matter if it is thailand or not .....you have to defend your money and your business...enough from people useless making about for everything....... only one recomendation....don't do the stupid thing to get sick like i did...it is not worth it...stay zen! good day and good luck Link to comment Share on other sites More sharing options...
54321 Posted March 4, 2014 Author Share Posted March 4, 2014 Thank you for all of your comments, food for thought indeed. I wish I knew the best way to progress things, but ....... Thanks again Link to comment Share on other sites More sharing options...
whoisyourdaddy Posted March 4, 2014 Share Posted March 4, 2014 Thank you for all of your comments, food for thought indeed. I wish I knew the best way to progress things, but ....... Thanks again File case/claim with consumer protection board, do not sign anything and sit tight. You may find consumer protection board is NOT as bad as some like to think. Good luck Link to comment Share on other sites More sharing options...
54321 Posted March 4, 2014 Author Share Posted March 4, 2014 thank you. i will try my best to make contact with him. To other equally valid replies: Happy to say I am still alive I would love to think that individuals in Thailand can achieve the level of prestige your developer has risen to WITHOUT them being corrupt or dishonest or treading on anyones toes , but the longer I live here, the more I grow to doubt that.Sadly , and while I admire your spirit , I would recommend you close your protest down , while you still are fit and well.Engage a lawyer. Involving lawyers could be a real black hole involving even more expenditure dragged out over who knows how long? Rather than risk being sued for defamation the OP should make a nuisance of himself at the office of the OCPB and demand that they resolve this issue properly. If he is acting within the " cover " of a government agency( and I have had good experiences with them ) he can't be sued. Demand to go and see the top guy at the OCPB in person if necessary Khun Niroth Charoenprakob and stress to him this involves big money i.e. you are not dealing with just a 2000 or 3000 baht consumer item here and you expect Khun Niroth and his staff to help you to the max , according to B.E. 2540 which prescribes the consumer’s rights in Article 57 that "The right of a person as consumer shall be protected as prescribed by the laws.” http://www.ocpb.go.th/ewtadmin/ewt/ocpb_eng/ewt_news.php?nid=4 Link to comment Share on other sites More sharing options...
54321 Posted March 4, 2014 Author Share Posted March 4, 2014 thank you. I did in November. Lots of delays due to the protests Thank you for all of your comments, food for thought indeed.I wish I knew the best way to progress things, but .......Thanks again File case/claim with consumer protection board, do not sign anything and sit tight. You may find consumer protection board is NOT as bad as some like to think. Good luck Link to comment Share on other sites More sharing options...
54321 Posted March 4, 2014 Author Share Posted March 4, 2014 thank you. I did in November. Lots of delays due to the protests Thank you for all of your comments, food for thought indeed.I wish I knew the best way to progress things, but .......Thanks again File case/claim with consumer protection board, do not sign anything and sit tight. You may find consumer protection board is NOT as bad as some like to think. Good luck Link to comment Share on other sites More sharing options...
jacko45k Posted March 4, 2014 Share Posted March 4, 2014 Good luck... do you have medical insurance? Didn't you mean "life insurance"? That wouldn't do him any good would it? Link to comment Share on other sites More sharing options...
Thai at Heart Posted March 4, 2014 Share Posted March 4, 2014 If I was about to publish this type of thing I definitely would not be doing it in public in front of their offices. A facebook page with an anonymous login and email address.would be about as direct as I would get in thailand. Do nothing to let them think for one second that it is you publishing any accusations. Stop now or expect a cease and desist letter in the post forthwith. Link to comment Share on other sites More sharing options...
kinmaew Posted March 4, 2014 Share Posted March 4, 2014 Ahh the pleasures of buying a property in Thailand. My advice, RENT and forget it. Link to comment Share on other sites More sharing options...
MyFriend You Posted March 5, 2014 Share Posted March 5, 2014 Nothing will put a Falung in the Hospital faster than coming in between a Thai and his/her money - which is what you are doing by talking to perspective buyers. 'cept maybe a jealous pooying. Tread lightly my friend Link to comment Share on other sites More sharing options...
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