Moving To Hua Hin

[Dragonman]

You ready to be a legal consultant in Thailand, Dragonman? Just think how much fun you will have.

www.sunbeltasiagroup.com

I made enough enemies amongst Legal Circles in my own Country. That's why I have to hide out here.

[astral]

The rule comes from the officers head. He has the discretion on his viewpoint. Most officers go with the view that a wife does not need to charge a husband to allow him to stay on the land. ( Although we just had one the other day that wanted some benefit charged per month)

When you ask for support from the Land Dept. to straighten out a right-winger coming up with his own"rule" they state that is up to the officer discretion. No matter what the written laws are, its up to their discretion to follow them or interpret them as they feel. Welcome to Paradise.

Surely any contract needs "consideration" in order to be valid??

Even if it is a nominal amount - a peppercorn rent.

Consideration under thai law not required. A Common Law concept.

This is not correct.

Consideration is required.

I helped a Thai to purchase a piece of land. He signed a contract, but did not place a deposit.

A week later when we went to pay for the land the seller revoked the contract.

Our Lawyer explained that he could not enforce the contract as there was no "consideration" paid.

[Dragonman]

The rule comes from the officers head. He has the discretion on his viewpoint. Most officers go with the view that a wife does not need to charge a husband to allow him to stay on the land. ( Although we just had one the other day that wanted some benefit charged per month)

When you ask for support from the Land Dept. to straighten out a right-winger coming up with his own"rule" they state that is up to the officer discretion. No matter what the written laws are, its up to their discretion to follow them or interpret them as they feel. Welcome to Paradise.

Surely any contract needs "consideration" in order to be valid??

Even if it is a nominal amount - a peppercorn rent.

Consideration under thai law not required. A Common Law concept.

This is not correct.

Consideration is required.

I helped a Thai to purchase a piece of land. He signed a contract, but did not place a deposit.

A week later when we went to pay for the land the seller revoked the contract.

Our Lawyer explained that he could not enforce the contract as there was no "consideration" paid.

Whilst not knowing the full details of your case, I would advise your lawyer to read Book 3, Chapter 1, Civil and Commercial Code. Nature and Essentials of a Contract. I will state again only offer and acceptance required. However under Property purchase laws there are only 3 ways contracts are not void. Written signed evidence by the parties, part performance, earnest is given. Deposit is only required where there is not satisfactory written evidence. Nothing to do with "consideration".

[astral]

earnest is given

Please define Earnest.

Surely this is money (consideration) ?

[Dragonman]

earnest is given

Please define Earnest.

Surely this is money (consideration) ?

Yes, but these are 3 options for the contract to be formed. If you have a correctly formed written, signed contract, or deposit given, the contract is enfoceable.. This is because many thais do not have lawyers to form contracts and hence a deposit formalises the gentleman's agreement. Thus oral contracts are sometimes enforceable in Thailand. Most lawyers will however make a contract with " 10% deposit to be paid on signing of contract, remainder to be paid on completion". Similar to Law Society recommendation in UK.

"Consideration" under the Common Law of England & Wales" means the amount included in the contract, and why people include 1 pound in the contract ( not required to be market value). Thai Law however states that where no amount is inserted, a "reasonable" sum must be paid to make the contract enfoceable.

The element of "consideration" in Common Law Contracts has baffled Law Students for centuries.

[astral]

Thanks.

[JimGant]

A registered 30 year lease is protection of your secured rights for 30 years. The foreigner should in our opinion register the house in his own name as well. The Land owner( Thai wife) can file a will giving rights to her husband and the husband can file a will leaving the house to his wife after he dies.

I understand how to register the 30-year lease via endorsement on the back of the chanote. But *how* does one "register the house in his own name?" What's the official document that needs to be endorsed or generated? And with what government agency do you deal with?