How to buy a car in Thailand?

[stevenl]

Stevenl.absolute Cobblers.If You have the Financial Clout, Valid Visa and booked into a Reputable Hotel.You need nothing more.They even accept Am Ex. Been there done it.

Sure you can buy it, but the question was regarding registration. At least I presume, since the last questions on the thread were about that, and the question was specific about address registration.

[Ace of Pop]

They Register it to the Hotel. Many Friends have done so over 25 Years. End Of Story.

[edwardandtubs]

And there's no way of checking for encumbrances? If that's the case who would be daft enough to buy a used car in Thailand when there's a possibility someone could repossess it the next day?

I already answered this question.

You didn't answer it very clearly. On the one hand you seem to be saying the Tabien Rot contains all the information you need on encumbrances and on the other hand you're saying there's no way to check for encumbrances.

I posted a question to the Ask a Lawyer forum about the encumbrances issue and they say "If you check the car at the ministry of land transport then you will know if the car has any encumbrances".

http://www.thaivisa.com/forum/topic/713133-checking-a-car-for-encumbrances/#entry7603051

So what IMHO says about loan sharks seems to be false.

[stevenl]

They Register it to the Hotel. Many Friends have done so over 25 Years. End Of Story.

Yes, if they have certificate of residence. End of story.

[IMHO]

And there's no way of checking for encumbrances? If that's the case who would be daft enough to buy a used car in Thailand when there's a possibility someone could repossess it the next day?

I already answered this question.

You didn't answer it very clearly. On the one hand you seem to be saying the Tabien Rot contains all the information you need on encumbrances and on the other hand you're saying there's no way to check for encumbrances.

I posted a question to the Ask a Lawyer forum about the encumbrances issue and they say "If you check the car at the ministry of land transport then you will know if the car has any encumbrances".

http://www.thaivisa.com/forum/topic/713133-checking-a-car-for-encumbrances/#entry7603051

So what IMHO says about loan sharks seems to be false.

LOL, Now ask the correct Q: If I loan someone money, and have a signed contract saying their car is collateral for that loan, and have been given a key to the car as well, what rights do I have to the car if they are delinquent / in breach of contract?

[edwardandtubs]

I posted a question to the Ask a Lawyer forum about the encumbrances issue and they say "If you check the car at the ministry of land transport then you will know if the car has any encumbrances".

http://www.thaivisa.com/forum/topic/713133-checking-a-car-for-encumbrances/#entry7603051

So what IMHO says about loan sharks seems to be false.

LOL, Now ask the correct Q: If I loan someone money, and have a signed contract saying their car is collateral for that loan, and have been given a key to the car as well, what rights do I have to the car if they are delinquent / in breach of contract?

The answer to that question is obvious from the answer the lawyer gave. If you buy a car and full clean title is transferred to you at the ministry of land transport then it's yours and the loan shark has no claim to it. On what legal basis could he take possession of your car? His only claim would be against the debtor. Do you have any sources to back up your wild claims?

[funcat]

I posted a question to the Ask a Lawyer forum about the encumbrances issue and they say "If you check the car at the ministry of land transport then you will know if the car has any encumbrances".

http://www.thaivisa.com/forum/topic/713133-checking-a-car-for-encumbrances/#entry7603051

So what IMHO says about loan sharks seems to be false.

LOL, Now ask the correct Q: If I loan someone money, and have a signed contract saying their car is collateral for that loan, and have been given a key to the car as well, what rights do I have to the car if they are delinquent / in breach of contract?

The answer to that question is obvious from the answer the lawyer gave. If you buy a car and full clean title is transferred to you at the ministry of land transport then it's yours and the loan shark has no claim to it. On what legal basis could he take possession of your car? His only claim would be against the debtor. Do you have any sources to back up your wild claims?

Hey,tell it to the loan shark...

[edwardandtubs]

I posted a question to the Ask a Lawyer forum about the encumbrances issue and they say "If you check the car at the ministry of land transport then you will know if the car has any encumbrances".

http://www.thaivisa.com/forum/topic/713133-checking-a-car-for-encumbrances/#entry7603051

So what IMHO says about loan sharks seems to be false.

LOL, Now ask the correct Q: If I loan someone money, and have a signed contract saying their car is collateral for that loan, and have been given a key to the car as well, what rights do I have to the car if they are delinquent / in breach of contract?

The answer to that question is obvious from the answer the lawyer gave. If you buy a car and full clean title is transferred to you at the ministry of land transport then it's yours and the loan shark has no claim to it. On what legal basis could he take possession of your car? His only claim would be against the debtor. Do you have any sources to back up your wild claims?

Hey,tell it to the loan shark...

Of course some thug with the keys to your car is an issue, but that's a long way from saying he's legally entitled to "repossess" your car. He can't legally sell the car if you have full title to it and in fact would be committing the crime of car theft, so he'd be more likely to find some other way of enforcing the debt.

[IMHO]

Of course some thug with the keys to your car is an issue, but that's a long way from saying he's legally entitled to "repossess" your car. He can't legally sell the car if you have full title to it and in fact would be committing the crime of car theft, so he'd be more likely to find some other way of enforcing the debt.

Seeing as the seller 'promised' the car to the shark before he did the next victim (buyer).. whose contract takes precedence? Ask the question

[edwardandtubs]

Of course some thug with the keys to your car is an issue, but that's a long way from saying he's legally entitled to "repossess" your car. He can't legally sell the car if you have full title to it and in fact would be committing the crime of car theft, so he'd be more likely to find some other way of enforcing the debt.

Seeing as the seller 'promised' the car to the shark before he did the next victim (buyer).. whose contract takes precedence? Ask the question

You obviously have no understanding of basic legal principles. If full title is transferred from A to B and B is registered as the full owner, then any contract between A and the loan shark is for them to settle. As A no longer has any title in the car, the loan shark is not entitled to repossess it. Clearly A has broken the contract, but that doesn't entitle the loan shark to B's car. That's blatantly obvious to anyone with any legal knowledge and was confirmed by thaivisa's "Ask the Lawyer". So what does the loan shark do? He could sue A, torture him, prostitute his daughter or whatever loan sharks do but he certainly can't "repossess" B's car.

[stevenl]

Of course some thug with the keys to your car is an issue, but that's a long way from saying he's legally entitled to "repossess" your car. He can't legally sell the car if you have full title to it and in fact would be committing the crime of car theft, so he'd be more likely to find some other way of enforcing the debt.

Seeing as the seller 'promised' the car to the shark before he did the next victim (buyer).. whose contract takes precedence? Ask the question

You obviously have no understanding of basic legal principles. If full title is transferred from A to B and B is registered as the full owner, then any contract between A and the loan shark is for them to settle. As A no longer has any title in the car, the loan shark is not entitled to repossess it. Clearly A has broken the contract, but that doesn't entitle the loan shark to B's car. That's blatantly obvious to anyone with any legal knowledge and was confirmed by thaivisa's "Ask the Lawyer". So what does the loan shark do? He could sue A, torture him, prostitute his daughter or whatever loan sharks do but he certainly can't "repossess" B's car.

I would not trust that here. See e.g. the land titles, where people bought a house including land titles, all legal and above board, but the transactions are declared null and void because the original land title is now deemed illegal. The 'new' owner will have to try and get the payment refunded from the previous owner, etc.

[edwardandtubs]

Of course some thug with the keys to your car is an issue, but that's a long way from saying he's legally entitled to "repossess" your car. He can't legally sell the car if you have full title to it and in fact would be committing the crime of car theft, so he'd be more likely to find some other way of enforcing the debt.

Seeing as the seller 'promised' the car to the shark before he did the next victim (buyer).. whose contract takes precedence? Ask the question

You obviously have no understanding of basic legal principles. If full title is transferred from A to B and B is registered as the full owner, then any contract between A and the loan shark is for them to settle. As A no longer has any title in the car, the loan shark is not entitled to repossess it. Clearly A has broken the contract, but that doesn't entitle the loan shark to B's car. That's blatantly obvious to anyone with any legal knowledge and was confirmed by thaivisa's "Ask the Lawyer". So what does the loan shark do? He could sue A, torture him, prostitute his daughter or whatever loan sharks do but he certainly can't "repossess" B's car.

I would not trust that here. See e.g. the land titles, where people bought a house including land titles, all legal and above board, but the transactions are declared null and void because the original land title is now deemed illegal. The 'new' owner will have to try and get the payment refunded from the previous owner, etc.

That happens in other countries too. Land law is very different because the land is obviously a lot older than the land registry, so sometimes the registry has to be rectified. If you buy a 6 year old car then it obviously doesn't pre-date the existence of the land transport registry. It seems posters are just wildly speculating about loan sharks rather than speaking on the basis of real knowledge or experience.

[stevenl]

That happens in other countries too. Land law is very different because the land is obviously a lot older than the land registry, so sometimes the registry has to be rectified. If you buy a 6 year old car then it obviously doesn't pre-date the existence of the land transport registry. It seems posters are just wildly speculating about loan sharks rather than speaking on the basis of real knowledge or experience.

Nothing to do with age, only with registration.

The registration is declared null and void since the title is deemed illegal due to a pre existing condition, i.e. prior to the (new) registration.

Same can happen to car if the pre exisiting condition, e.g. the contract between seller and loan shark, makes your contract null and void.

So I'm with IMHO on this one, ask this exact question to your legal adviser, since this question is different from the one you asked your lawyer earlier.

[WarpSpeed]

The easiest answer is....just buy it in your wife's name.

Sent from my iPad using Thaivisa Connect Thailand

The Action of a Complete Idiot.

The action of simplicity, considering the wife is actually a wife, not a rental. Otherwise he'd need to get the landlord to sign papers verifying residency.

Sent from my iPad using Thaivisa Connect Thailand

Yes, very simple for her to bleed you of all possessions and funds.

[WarpSpeed]

Of course some thug with the keys to your car is an issue, but that's a long way from saying he's legally entitled to "repossess" your car. He can't legally sell the car if you have full title to it and in fact would be committing the crime of car theft, so he'd be more likely to find some other way of enforcing the debt.

Seeing as the seller 'promised' the car to the shark before he did the next victim (buyer).. whose contract takes precedence? Ask the question

You obviously have no understanding of basic legal principles. If full title is transferred from A to B and B is registered as the full owner, then any contract between A and the loan shark is for them to settle. As A no longer has any title in the car, the loan shark is not entitled to repossess it. Clearly A has broken the contract, but that doesn't entitle the loan shark to B's car. That's blatantly obvious to anyone with any legal knowledge and was confirmed by thaivisa's "Ask the Lawyer". So what does the loan shark do? He could sue A, torture him, prostitute his daughter or whatever loan sharks do but he certainly can't "repossess" B's car.

Erm we're talking about contracts and loan sharks in the same sentence and in legalities? Somehow they don't seem to be compatible to me.. I wouldn't want to get in between those 2 if someone used the car to secure an illegal loan from a loan shark, sounds like a lot of trouble for the new owner, best to avoid that entirely IMO no win for the new owner is to be had, one way or another may cost far more then the car is worth.

[kimbathewhitelion]

The easiest answer is....just buy it in your wife's name.

Sent from my iPad using Thaivisa Connect Thailand

The Action of a Complete Idiot.

The action of simplicity, considering the wife is actually a wife, not a rental. Otherwise he'd need to get the landlord to sign papers verifying residency.

Sent from my iPad using Thaivisa Connect Thailand

Yes, very simple for her to bleed you of all possessions and funds.

My revised, if I were to buy one, I'd do just that as I did in Issan with my motorbike. Will have to do again, now that I moved, but easy enough now that I know. Bit of leg work when in a new location but once done than done for most everything else.

Actually even if he has a rental, he could still do it, via purchasing the rights to her name for specified usage & a predetermined amount of time through a legitimate legal office.

Sent from my iPad using Thaivisa Connect Thailand

[edwardandtubs]

As suggested, I put another question to the TV lawyer.

Q: If I loan someone money, and have a signed contract saying their car is collateral for that loan, and have been given a key to the car as well, what rights do I have to the car if they sell the car to a third party?

A: What you had described is cheating to the creditor, this is consider a criminal act and you should take this case to the police as you have the time period of three months from the date that you knew of the act. The lender can be arrested and taken to court on criminal charges, you can also file a civil case against the lender to get your money back according to the agreement.

http://www.thaivisa.com/forum/topic/714451-car-as-collateral-for-loan/

So it's extremely clear that what some of you guys believe about loan sharks "repossessing" a car you've bought and had legally transferred to you is an urban myth.

[kimbathewhitelion]

As suggested, I put another question to the TV lawyer.

Q: If I loan someone money, and have a signed contract saying their car is collateral for that loan, and have been given a key to the car as well, what rights do I have to the car if they sell the car to a third party?

A: What you had described is cheating to the creditor, this is consider a criminal act and you should take this case to the police as you have the time period of three months from the date that you knew of the act. The lender can be arrested and taken to court on criminal charges, you can also file a civil case against the lender to get your money back according to the agreement.

http://www.thaivisa.com/forum/topic/714451-car-as-collateral-for-loan/

So it's extremely clear that what some of you guys believe about loan sharks "repossessing" a car you've bought and had legally transferred to you is an urban myth.

To fall for that you'd clearly have to be quite stupid.

Based on a TV lawyer. Better to get an answer from a guaranteed Thai lawyer. Also you have the keys & ownership papers right?

Sent from my iPad using Thaivisa Connect Thailand

[stevenl]

As suggested, I put another question to the TV lawyer.

Q: If I loan someone money, and have a signed contract saying their car is collateral for that loan, and have been given a key to the car as well, what rights do I have to the car if they sell the car to a third party?

A: What you had described is cheating to the creditor, this is consider a criminal act and you should take this case to the police as you have the time period of three months from the date that you knew of the act. The lender can be arrested and taken to court on criminal charges, you can also file a civil case against the lender to get your money back according to the agreement.

http://www.thaivisa.com/forum/topic/714451-car-as-collateral-for-loan/

So it's extremely clear that what some of you guys believe about loan sharks "repossessing" a car you've bought and had legally transferred to you is an urban myth.

Did you also ask him what happens to the car?

[edwardandtubs]

As suggested, I put another question to the TV lawyer.

Q: If I loan someone money, and have a signed contract saying their car is collateral for that loan, and have been given a key to the car as well, what rights do I have to the car if they sell the car to a third party?

A: What you had described is cheating to the creditor, this is consider a criminal act and you should take this case to the police as you have the time period of three months from the date that you knew of the act. The lender can be arrested and taken to court on criminal charges, you can also file a civil case against the lender to get your money back according to the agreement.

http://www.thaivisa.com/forum/topic/714451-car-as-collateral-for-loan/

So it's extremely clear that what some of you guys believe about loan sharks "repossessing" a car you've bought and had legally transferred to you is an urban myth.

To fall for that you'd clearly have to be quite stupid.

Based on a TV lawyer. Better to get an answer from a guaranteed Thai lawyer. Also you have the keys & ownership papers right?

Sent from my iPad using Thaivisa Connect Thailand

Obviously we're talking about the situation where the new owner has the keys and ownership papers.

[edwardandtubs]

Like many urban myths, people want to cling to it even though there's no evidence to support it. The lawyer who gave the answer is from Siam Firm Inter Laws. If simply driving away with the car was an option don't you think he would have mentioned that? Use your common sense guys. If there was no certainty of title Thailand wouldn't have a functioning used car market. No one would buy a car if the next day it could be legally repossessed by some loan shark. The reality is Thailand has a very vibrant used car market. Can even one person post one real case where a loan shark has legally repossessed a car from someone who bought it and had their name registered as the full owner with the transport registry?

[stevenl]

Like many urban myths, people want to cling to it even though there's no evidence to support it. The lawyer who gave the answer is from Siam Firm Inter Laws. If simply driving away with the car was an option don't you think he would have mentioned that? Use your common sense guys. If there was no certainty of title Thailand wouldn't have a functioning used car market. No one would buy a car if the next day it could be legally repossessed by some loan shark. The reality is Thailand has a very vibrant used car market. Can even one person post one real case where a loan shark has legally repossessed a car from someone who bought it and had their name registered as the full owner with the transport registry?

I don't have any beliefs in this, IMO it could be legally the new owner's car, but doubt it would be safe to drive it with loan sharks hanging around.

But what baffles me is that somebody asks a lawyer, twice even, and fails to ask the important questions. And retorts with 'don't you think he would have said that?'. No, if you don't ask he won't say that.

[funcat]

Like many urban myths, people want to cling to it even though there's no evidence to support it. The lawyer who gave the answer is from Siam Firm Inter Laws. If simply driving away with the car was an option don't you think he would have mentioned that? Use your common sense guys. If there was no certainty of title Thailand wouldn't have a functioning used car market. No one would buy a car if the next day it could be legally repossessed by some loan shark. The reality is Thailand has a very vibrant used car market. Can even one person post one real case where a loan shark has legally repossessed a car from someone who bought it and had their name registered as the full owner with the transport registry?

"...legally repossessed by some loan shark..."....are you kidding ..?!

[edwardandtubs]

Like many urban myths, people want to cling to it even though there's no evidence to support it. The lawyer who gave the answer is from Siam Firm Inter Laws. If simply driving away with the car was an option don't you think he would have mentioned that? Use your common sense guys. If there was no certainty of title Thailand wouldn't have a functioning used car market. No one would buy a car if the next day it could be legally repossessed by some loan shark. The reality is Thailand has a very vibrant used car market. Can even one person post one real case where a loan shark has legally repossessed a car from someone who bought it and had their name registered as the full owner with the transport registry?

"...legally repossessed by some loan shark..."....are you kidding ..?!

Please read the thread if you're getting confused.

[funcat]

Like many urban myths, people want to cling to it even though there's no evidence to support it. The lawyer who gave the answer is from Siam Firm Inter Laws. If simply driving away with the car was an option don't you think he would have mentioned that? Use your common sense guys. If there was no certainty of title Thailand wouldn't have a functioning used car market. No one would buy a car if the next day it could be legally repossessed by some loan shark. The reality is Thailand has a very vibrant used car market. Can even one person post one real case where a loan shark has legally repossessed a car from someone who bought it and had their name registered as the full owner with the transport registry?

"...legally repossessed by some loan shark..."....are you kidding ..?!

Please read the thread if you're getting confused.

I'm not the one confused here....just never see loan sharks going to court...TIT