Legal Concern Land Purchase

[Millenial]

Hi.

Just out of curiosity

Land agent in contact with you over a "lot" you are interested in, states the land price has risen (which it did) and the cause is

x Roads

x Power

x Drainage

x Water

Going in, and you purchase and the contract etc mentions the price but no mention of the above.

Is the email chain which has both seller and agent in discussion with you water tight or if they fail to honour, what repercussions - routes can you take?

If after a year , 2 years, 3 years what can you do? - can you sue? - any recommended lawyers?

Or are you forced with just warning others (which will destroy/damage brand - yes a brand)

[Anthony5]

Emails exchanged can be used as legal evidence in Thailand.

[kannot]

Look at it this way whatever "evidence" you have however "watertight" it all may seem..........................well IT AINT.......you may well "win" but ultimately you will lose your money

[rocketboybkk]

Basically you agree to pay a price for a plot of land with water, electric etc.

Due diligence will ascertain whether the title is what it says, is the land you are buying etc.

What price you pay is up to you. If there is no road, water, electricity etc. but has been promised then you need a legal contract but remember a farang can't own land so be careful before you part with you cash.

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[Beetlejuice]

Are you Thai or farang? If farang, is it you that purchased the land? If so, did you purchase under your company? Or have you used a Thai upfront name?

If a Thai upfront name, then you have no jurisdiction over the said land or come backs, because the purchase would have contravened Thai law. In fact the Government can confiscate the land in some instances, meaning that if the land was not purchased strictly under Thai law you have no legal case.

[Millenial]

Hi.

Wife purchased, Wife did not explain contract to me. - Its gone south, no money has yet been lost, however our concern is over the additional 270k we have paid that was the increase for the road etc which has not been delivered upon.

Edited February 8, 2015 by Millenial

[Millenial]

I.e to clarify there is a road. but this is meant to be replaced with concrete / t-mac and drainage etc implemented, then on the land we are a inner plot so is currently grass/field, this is the concerning area as it was meant to be cleared, paved, and drainage and the rest.

Contract itself for the land is ok for the time being, our concern is primarily over the road - drainage etc and the enforceability of it for instance a year after the initial agreement this has yet to be implemented, so yes we are considering legal action (the brand(s) in question that will be affected are more damageable than the money we are talking, something i would pursue over lost marbles) however naturally a returned said funds would also be of interest.

Edited February 8, 2015 by Millenial

[Beetlejuice]

Hi.

Wife purchased, Wife did not explain contract to me. - Its gone south, no money has yet been lost, however our concern is over the additional 270k we have paid that was the increase for the road etc which has not been delivered upon.

It`s always the Thai wife purchased scenario, but under Thai law it has to be with her own finances.

Did she purchase the said land with her own money? If so, do you have back up documentation to prove it? If not it is probably in your best interests to avoid any disputes and not bring attention to how the land was purchased or let your Thai be the upfront person in the case and you stay discretely in the background.

As I have said on Thai visa many times, always conduct your affairs here strictly as imposed by the law, otherwise this may bring major problems later on for a multitude of reasons.