domdom Posted May 31, 2015 Share Posted May 31, 2015 Hello, After purchasing a condo on auction, which part of maintenance arrears do you have to pay to condominium management ?? Saw two lawyers.. One says only 5 years arrears can be recovered, the other one says full amount... How are the interests calculated ??? I saw compbound interests are not allowed.. so I imagine for example for year minus 5 from purchase, should be for example 10.000 bahts.. o which 20% is 2000 bahts, which would come to 10000 bahts = 5 times 2000 so, total 20000 bahts ?? If interest is counted differently could be much higher.. 10.000 bahts + 2000 first year, then next year 12000 + 20% etc... If anybody has the text of law regarding the possibiity not pay more than 5 years arrears, would be very much appreciated. Thanks a lot Have a nice sunday Link to comment Share on other sites More sharing options...
farang000999 Posted May 31, 2015 Share Posted May 31, 2015 so they have not approached you for any payment and you are going to figure what you owe on your own? i mean, probably best for them to tell you what they think you are supposed to pay and go from there. Link to comment Share on other sites More sharing options...
domdom Posted May 31, 2015 Author Share Posted May 31, 2015 Thanks for your answer but it doesn't help.. I am trying to verify if they are entitled to get what they claim. Have a nice afternoon.. Link to comment Share on other sites More sharing options...
hhgz Posted May 31, 2015 Share Posted May 31, 2015 Your question was asked, and answered, in the "Ask the Lawyer" forum, about a week ago. Take a peek. Link to comment Share on other sites More sharing options...
Beetlejuice Posted May 31, 2015 Share Posted May 31, 2015 (edited) Thanks for your answer but it doesn't help.. I am trying to verify if they are entitled to get what they claim. Have a nice afternoon.. I assume that the said condo is a repossesion and the previous residents were in service charge arrears. The norm when someone sells is that exchange of contracts cannot go ahead until the serivice charges are up to date. But in the cases of a repossession, if the ex-residents cannot be traced or do not have the funds to pay off the arrears, than the management company can insist that the full arrears are paid by the new mug who purchases the leasehold, because the new owner automatically takes on any debts owed on the property. The interest accrued on the debt is usually estimated according to the present bank rates. That`s the policy that could be described as fine law. Why did you not check on this prior to purchase? Edited May 31, 2015 by Beetlejuice Link to comment Share on other sites More sharing options...
domdom Posted May 31, 2015 Author Share Posted May 31, 2015 Hello In ask the lawyer they speak about interest rate and don't tell how many years of expenses they can charge you for... A lot of people unfortunately don't know that they have to pay the arrears in case of auction.. they come to know when it is too late.. So, again, does anybody have the law text applying to the subject.. mainly is there or not a 5 years limit to the maintenance arrears that can be charged to new owner ?? Have a good week Link to comment Share on other sites More sharing options...
Crossy Posted May 31, 2015 Share Posted May 31, 2015 The Condo Act would be a good place to start, there's a copy here http://www.thaivisa.com/forum/topic/320264-the-condominium-act-and-definition-of-a-condominium-in-thailand/ You may also consider looking in the local bylaws of the building you're considering, whilst it won't trump the act it may actually define the interest rate. Let's try this in Real Estate. Link to comment Share on other sites More sharing options...
domdom Posted May 31, 2015 Author Share Posted May 31, 2015 Hello I read the condominium act but didn't find anything about this supposed limit to 5 years debt.. Thanks for putting this in real estate forum.. I had tried to do it at the beginning but couldn't manage to find it Have a nice day Link to comment Share on other sites More sharing options...
Crossy Posted May 31, 2015 Share Posted May 31, 2015 The location of the Real Estate forum is historical and apparently we are stuck with it due to search engine optimisation If there's no reference in the Condo. Act you're unlikely to find a law which directly references unpaid fees, more likely something to do with debt. I believe debts do expire but I've no references to quote. Link to comment Share on other sites More sharing options...
domdom Posted June 1, 2015 Author Share Posted June 1, 2015 Hello There could be a "general" law stating debts are not possible to recover over 5 years.. The problem here is to find a lawyer who knows what he is talking about and states.. So 2 lawyers, one says there is no limit, the other one that there is a 5 years limit.. Went back to the first one and he says "they can ask for more but can be discussed if you have to pay".. When asked to give the lax reference none of them is able to provide the basis of what he says.. In France normal "prescription" is 30 years but some special prescriptions in 5 years..for example in case of tenants, you cannot claim for debts over 5 years if you are the owner and the tenant can't ask you any refund after 5 years.. As thai law is qutie similar to french law, maybe could be this 5 years limit Good day Link to comment Share on other sites More sharing options...
mogandave Posted June 1, 2015 Share Posted June 1, 2015 How much do they claim you owe? If it is that significant, hire a lawyer and pay them to negotiate for you. If the cost is not that significant, pay it and be done with it. Link to comment Share on other sites More sharing options...
domdom Posted June 1, 2015 Author Share Posted June 1, 2015 Over 1 million.. Lawyers are totally useless here, sorry to say this but my experience with them is very bad.. I prefer to try to negociate myself but having the law reference is necessary.. By the way even the lawyers are unable to tell you which law applies and what the law says.. Link to comment Share on other sites More sharing options...
GaryB1263 Posted June 1, 2015 Share Posted June 1, 2015 How could it possibly be a million in arrears? So you have to have a lawyer to buy a condo but they can't even clear a title??? This is unbelievable. Link to comment Share on other sites More sharing options...
domdom Posted June 1, 2015 Author Share Posted June 1, 2015 Hello When you purchase from owner it is simple, as the land office wants the debt free letter from the manager.. On auction, you purchase and nobody tells you that you are responsible for the debts .. So, you get the surprise later.. Have a nice day.. Link to comment Share on other sites More sharing options...
mogandave Posted June 1, 2015 Share Posted June 1, 2015 Over 1 million.. Lawyers are totally useless here, sorry to say this but my experience with them is very bad.. I prefer to try to negociate myself but having the law reference is necessary.. By the way even the lawyers are unable to tell you which law applies and what the law says.. How many lawyers have you actually hired? Our attorney seems competent and has saved us a lot of time, effort and money any number of times over the years. You get what you pay for. You knew it all when you bought the place, and you know it all now, even as you go on moaning about how you've been beaten. Link to comment Share on other sites More sharing options...
mogandave Posted June 1, 2015 Share Posted June 1, 2015 Hello When you purchase from owner it is simple, as the land office wants the debt free letter from the manager.. On auction, you purchase and nobody tells you that you are responsible for the debts .. So, you get the surprise later.. Have a nice day.. One would assume a buyer at an action would be aware of what they would be responsible for. You must be an American. Link to comment Share on other sites More sharing options...
domdom Posted June 1, 2015 Author Share Posted June 1, 2015 Pls save your time and keep your stupid comments for yourself.. I am not moaning about anything, just trying to sort the matter the best way I can.. Link to comment Share on other sites More sharing options...
blackcab Posted June 1, 2015 Share Posted June 1, 2015 I believe the lawyer came up with 5 years because this is the statue of limitations in Thailand for personal debt. On this basis I believe the JPM could only sue for 5 years of unpaid common area fees from the previous owner... (However the JPM could go down the route of forcing the property to be sold to recover sums owed, so this point becomes mute with respect to existing tenants). Your case, though, is both interesting and different. Do you owe the fees for a previous tenant? Can debt be re-assigned in this way? Is the JPM's claim with you, or does it remain with the previous owner? I don't know, and I believe it will take a decent lawyer to provide an answer. Please keep us updated as I would really like to know the outcome, as would others who find themselves in the same situation. What I would say is that compromise is probably the best way forward. Will the JPM accept a reduced amount? Can you talk to the Committee about it? Link to comment Share on other sites More sharing options...
domdom Posted June 1, 2015 Author Share Posted June 1, 2015 Yes, best thing is to find a compromise.. Apparently the claim is only againt the buyer who is responsible for debts (and also easier for them as the previous owner maybe disappeared or has no money).. What you say is very important.. If they cannot claim from somebody for over 5 years, I think they cannot claim for more from the buyer, as in fact their action is exerced against the buyer BUT for the previous buyer's debt, so they should not get from the buyer more than they should get from the first one.. Do you per chance have the law precising that only 5 years debt can be claimed ?? Will keep you posted.. I am not the only one in this case.. One friend of mine has the same issue.. they asked him 9 years debt, he compromised on half of it recently. Have a nice day Link to comment Share on other sites More sharing options...
mogandave Posted June 1, 2015 Share Posted June 1, 2015 I I don't know, and I believe it will take a decent lawyer to provide an answer. Not possible. None of the lawyers in Thailand know the law. The best and only route is to seek free advice on English speaking Internet websites. Link to comment Share on other sites More sharing options...
blackcab Posted June 1, 2015 Share Posted June 1, 2015 Thai Civil and Commercial Code, TITLE VI, Chapter 2, Section 0193/33. Link to comment Share on other sites More sharing options...
blackcab Posted June 1, 2015 Share Posted June 1, 2015 I I don't know, and I believe it will take a decent lawyer to provide an answer. Not possible. None of the lawyers in Thailand know the law. The best and only route is to seek free advice on English speaking Internet websites. How strange. A few posts ago you said: Our attorney seems competent and has saved us a lot of time, effort and money any number of times over the years. You get what you pay for. Link to comment Share on other sites More sharing options...
GaryB1263 Posted June 1, 2015 Share Posted June 1, 2015 Hello When you purchase from owner it is simple, as the land office wants the debt free letter from the manager.. On auction, you purchase and nobody tells you that you are responsible for the debts .. So, you get the surprise later.. Have a nice day.. One would assume a buyer at an action would be aware of what they would be responsible for. You must be an American. That comment was uncalled for. You must be an a$$ hole. Link to comment Share on other sites More sharing options...
Beetlejuice Posted June 1, 2015 Share Posted June 1, 2015 (edited) Pls save your time and keep your stupid comments for yourself.. I am not moaning about anything, just trying to sort the matter the best way I can.. I have already explained to you in detail. In the UK regarding debts incurred on properties is 12 years before it expires. My guess is Thailand is the same, as many Thai laws are loosely based on British law. If you require more knowledge of Thai civil law, than one option is to visit a book shop where there are many books on Thai law, both in English and Thai. I have several here myself. Every law regarding condos in Thailand is all here: http://www.samuiforsale.com/law-texts/new-thailand-condominium-act-2008.html And explained in simple terms that even you may understand. I suggest you peruse the information very carefully and you will probably find your answers within the ACTs. Edited June 1, 2015 by Beetlejuice Link to comment Share on other sites More sharing options...
mogandave Posted June 1, 2015 Share Posted June 1, 2015 I I don't know, and I believe it will take a decent lawyer to provide an answer. Not possible. None of the lawyers in Thailand know the law. The best and only route is to seek free advice on English speaking Internet websites. How strange. A few posts ago you said:Our attorney seems competent and has saved us a lot of time, effort and money any number of times over the years. You get what you pay for. I was being sarcastic. Link to comment Share on other sites More sharing options...
mogandave Posted June 1, 2015 Share Posted June 1, 2015 Hello When you purchase from owner it is simple, as the land office wants the debt free letter from the manager.. On auction, you purchase and nobody tells you that you are responsible for the debts .. So, you get the surprise later.. Have a nice day.. One would assume a buyer at an action would be aware of what they would be responsible for.You must be an American. That comment was uncalled for. You must be an <deleted> hole. Must be what, a fellow American? Link to comment Share on other sites More sharing options...
trogers Posted June 1, 2015 Share Posted June 1, 2015 One should have find out the quantum of debt in arrears before bidding in an auction. You need to clear this arrears before the jurisdic manager would issue a letter of clearance for title transfer. Link to comment Share on other sites More sharing options...
blackcab Posted June 1, 2015 Share Posted June 1, 2015 I I don't know, and I believe it will take a decent lawyer to provide an answer. Not possible. None of the lawyers in Thailand know the law. The best and only route is to seek free advice on English speaking Internet websites. How strange. A few posts ago you said:Our attorney seems competent and has saved us a lot of time, effort and money any number of times over the years. You get what you pay for. I was being sarcastic. So are you saying that on any number of times you paid an attorney that didn't save you time, effort and money and that you didn't get what you paid for? You either repeatedly hired a good attorney who saved you money, in which case it's strange that you state that none of the lawyers in Thailand know the law, or you repeatedly hired an attorney who didn't save you money. Which is it? Link to comment Share on other sites More sharing options...
mogandave Posted June 1, 2015 Share Posted June 1, 2015 II don't know, and I believe it will take a decent lawyer to provide an answer. Not possible. None of the lawyers in Thailand know the law. The best and only route is to seek free advice on English speaking Internet websites. How strange. A few posts ago you said:Our attorney seems competent and has saved us a lot of time, effort and money any number of times over the years. You get what you pay for. I was being sarcastic. So are you saying that on any number of times you paid an attorney that didn't save you time, effort and money and that you didn't get what you paid for? You either repeatedly hired a good attorney who saved you money, in which case it's strange that you state that none of the lawyers in Thailand know the law, or you repeatedly hired an attorney who didn't save you money. Which is it? I was being sarcastic when I said that none of the lawyers in Thailand know the law. Lawyers I have used have always been well worth the money. Link to comment Share on other sites More sharing options...
peterb17 Posted June 1, 2015 Share Posted June 1, 2015 This forum is great when you have a problem - you can tap into a wealth of information and past experience of thousands of members- from some bizarre experiences. However to buy a condo at auction with outstanding debts does seem a bit foolish- caveat emptor. Then to expect members to sort out your problems- and berate them for a few critical posts. Sort out your own problems- pay the money. Link to comment Share on other sites More sharing options...
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