dirtycash Posted March 3, 2016 Share Posted March 3, 2016 sorry i headed this wrong. anyway, my condo is not finished though on contract they state that completion date is december 2015. it states on contract that if they do not complete 160 days after the said " completion date " then i am entitled to a " full refund " i was also told that i am entitled to compensation of 20000 per month past completion date ( december 2015 ) if condo is not ready. what are my options if this condo is still not completed by 9th june 2016. ive attatched photo of the paragraphs from contract below. any advice much appreciated. thankyou. Link to comment Share on other sites More sharing options...
blackcab Posted March 3, 2016 Share Posted March 3, 2016 Firstly, send a registered letter to the seller asking for a refund by cashier's cheque to be made within 7 days. You have to be able to prove you asked. Once the letter has been delivered and signed for, give them a call and see how they respond. Link to comment Share on other sites More sharing options...
KittenKong Posted March 3, 2016 Share Posted March 3, 2016 That contract says that the first 180 days of delay past the due date will NOT be considered as a delay. The delay starts 180 days AFTER the due date. So they have until June 28 2016 to deliver the condo WITHOUT penalty. Link to comment Share on other sites More sharing options...
dirtycash Posted March 3, 2016 Author Share Posted March 3, 2016 ok i got the days wrong, 180 it is. will i get my lawyer involved after / before that date ? and what is the usual / normal process ? btw these condos have been really slow going up. i do not think they will be finished by june. Link to comment Share on other sites More sharing options...
dirtycash Posted March 3, 2016 Author Share Posted March 3, 2016 Firstly, send a registered letter to the seller asking for a refund by cashier's cheque to be made within 7 days. You have to be able to prove you asked. Once the letter has been delivered and signed for, give them a call and see how they respond. thanks. if i send them an email will this suffice ? or better to send recorded letter by post. im wondering, the completion date states " december 2015 " would that be 1st december or would the 180 day countdown start after december 2016 so 1st january 2015. Link to comment Share on other sites More sharing options...
blackcab Posted March 3, 2016 Share Posted March 3, 2016 Can you prove they received an email? If they said December, they have until 31 December to deliver. Their 180 period starts on 1 January. Link to comment Share on other sites More sharing options...
dirtycash Posted March 3, 2016 Author Share Posted March 3, 2016 sorry for all the questions, do ( MATRIX ) have to finish the " whole development ? or just finish my condo , not to be in breach of contract so as to avoid any penalty. i mean, i can hardly move into a condo if the swimming pool , grounds, or hallways need painted etc. i want out of this if i can as early as possible so trying to think of all scenerios and i wont wait about if i can get a lawyer in and secure me a refund. thanks PS........ i wonder how many people got a refund with ( art on the hill ) didnt that go way past 1 years completion date ? Link to comment Share on other sites More sharing options...
KittenKong Posted March 4, 2016 Share Posted March 4, 2016 I imagine that it would be quite hard to actually get a full refund (especially if the developer thinks that it would be hard to sell the condo again). That contract definitely gives them till late June to finish without penalty, as I mentioned. It's common (with Matrix anyway) for people to move in before the building is entirely finished (look at Art on the HIll) and it's also common for chanotes to take a long time to be issued, though the contract already gives them up to late September to do this. Emails would not be a valid way of starting a claim. I would contact the consumer protection people at City Hall as I know they have been effective with claims about new condo builds before, and at least they will keep an official record of your complaint. Link to comment Share on other sites More sharing options...
futsukayoi Posted March 4, 2016 Share Posted March 4, 2016 This contract is so badly worded as to be almost meaningless. I assume it is an a translation from a Thai version which you probably signed at the same time. I have been told (not by a qualified Thai lawyer though) that English contracts are not valid in Thailand so you would need to check the wording of the Thai version of the contract. Link to comment Share on other sites More sharing options...
colinneil Posted March 4, 2016 Share Posted March 4, 2016 Any correspondence needs to be by registered mail so you have proof. Anybody can send e-mails, but if they say they never received it you have no proof. Link to comment Share on other sites More sharing options...
WorkingTourist Posted March 4, 2016 Share Posted March 4, 2016 In this day and age I think an email is better than registered mail, as an email give both parties a copy of the letter, unlike registered mail, where you only have a receipt that someone received something, but not what it was. That said, in an email where you seek to cancel a contract you would write something like “please confirm that you have received this email”, should the receiver fail to reply back, then you call them and ask why they are not replying. As for your case, tread carefully, as Matrix have lots of experience with unsatisfied buyers. They may offer you compensation or a temporary unit to stay in, but on the terms that you sign away the right to a full refund. As for the contract, it’s completion of your unit, not the entire building. As soon as they can provide you with a liveable unit, regardless of how the hallways etc. look, they have fulfilled their contract. Personally I would not start out with a lawyer but instead ask for an informal meeting with the project manager for the development. But as I have read some of your other posts, I wouldn’t recommend you go alone to such meeting (no offence). Link to comment Share on other sites More sharing options...
TobiasML Posted March 4, 2016 Share Posted March 4, 2016 Further I think it is quite easy for them to claim a "Force Majeure" as mentioned in the contract. That would give them all the time needed to finish the unit without being in delay and without needing to pay you any refund or compensation. Link to comment Share on other sites More sharing options...
dirtycash Posted March 4, 2016 Author Share Posted March 4, 2016 thanks guys, i think if i were to rock the apple cart now they could finish my condo quickly or before the others so as not to give me any grounds for a refund. i remember reading on TV that some guy got a refund only 1 week after the completion date. maybe i should seek my lawyers views on this case ? anyone know a decent lawyer in pattaya who can deal with such cases ? i have a thai lawyer in naklua and he seems ok , . there is a uk - british law firm on 3rd rd pattaya , maybe are they worth going to see ? or maybe better to let my thai lawyer deal with this case i imagine thais are better dealing with thais . i will ask the gf to contact the city hall ( consumer protection ) on my behalf , im not in pattaya so im unable to go there myself at the minute. Link to comment Share on other sites More sharing options...
blackcab Posted March 4, 2016 Share Posted March 4, 2016 I would do nothing until the 180 day period expires. Then, and only then, send them a registered letter, email them, call them and go to Office of Consumer Protection. Do not give them any hint or you will get your unit on time. The solicitor can wait. They will probably call the company anyway and your plan will fail. A solicitor can do nothing until the 180 days is over anyway, apart from tell you what you want to hear and charge you money. You are only guessing, but your unit might be finished on time anyway. Link to comment Share on other sites More sharing options...
trogers Posted March 5, 2016 Share Posted March 5, 2016 Count yourself lucky if construction activity on the project site is still present, with high hopes of completion, even though late. Buying offplan is always a risk. Link to comment Share on other sites More sharing options...
WorkingTourist Posted March 5, 2016 Share Posted March 5, 2016 maybe i should seek my lawyers views on this case ? anyone know a decent lawyer in pattaya who can deal with such cases ? i have a thai lawyer in naklua and he seems ok , . there is a uk - british law firm on 3rd rd pattaya , maybe are they worth going to see ? or maybe better to let my thai lawyer deal with this case i imagine thais are better dealing with thais . I think Matrix is primarily a foreigner run company, so not sure how useful a Thai solicitor will be. As for a lawyer’s view, a purchase agreement for an off-plan condominium must at the minimum offer the rights granted in the O.C. 22 standard sales contract, which in your case would be the following (source): In the event that the Seller cannot deliver ownership to the Purchaser on the designated date of transfer, the Purchaser shall have the right to terminate the contract and be refunded any money already paid, including interest at the same rate levied in case of default by the Purchaser. Accordingly, the total interest cannot exceed 10% of the purchase price. Furthermore, in exercising these rights, the Purchaser is not precluded from filing a lawsuit against the Developer for any other damages. If the Purchaser chooses not to terminate the contract, the Purchaser is allowed to subject the Seller to a daily fine of at least 0.01% of the purchase price. However, the total fine cannot exceed 10% of the purchase price. Once the total fine has reached 10% of the purchase price and it appears to the Purchaser that the Seller will be unable to comply with the contract, the Purchaser will then have the right to terminate the contract.Your contract already has something along those lines, so it seems like a straightforward case to me. Once they are past the agreed upon delivery date (which seems to be December 2015 + 180 days) then you simply send them a letter asking for a refund referencing your contract. Only if they refuse is there a need to take further steps. Link to comment Share on other sites More sharing options...
WorkingTourist Posted March 5, 2016 Share Posted March 5, 2016 Buying offplan is always a risk. Crossing the street is always a risk. Crossing the street and looking to your sides first minimizes that risk. Likewise, looking into the developer before buying off-plan also minimizes the risk. At the time OP bought you could find lots of info about Matrix online which did not paint a positive picture. That said, a delay alone is hardly an issue. My off-plan condo was delayed by 230 days, but I got interests for all these days and I now have one of the best condos in Chiang Mai, so definitely worth waiting for Link to comment Share on other sites More sharing options...
paulinbkk111 Posted March 5, 2016 Share Posted March 5, 2016 Yeh I own a few with LPN and amazed that for a year nothing looked like being built, then in 6 months a 24 story building was made. If you only paid the deposit, then unless they are out of money they would want to finish is asap. You only paid a deposit right? Link to comment Share on other sites More sharing options...
dirtycash Posted March 5, 2016 Author Share Posted March 5, 2016 Buying offplan is always a risk. Crossing the street is always a risk. Crossing the street and looking to your sides first minimizes that risk. Likewise, looking into the developer before buying off-plan also minimizes the risk. At the time OP bought you could find lots of info about Matrix online which did not paint a positive picture. That said, a delay alone is hardly an issue. My off-plan condo was delayed by 230 days, but I got interests for all these days and I now have one of the best condos in Chiang Mai, so definitely worth waiting for thanks for advise and fair play to you , i like to see a happy ending like this. Link to comment Share on other sites More sharing options...
dirtycash Posted March 5, 2016 Author Share Posted March 5, 2016 these photos were taken 2 months ago. there are 3 buildings. maybe the hardest part of the buil is completed and maybe now it will start going up fast as only interiors and finer works need done ? thugh i have watched over the past months and work seems very very slow. Link to comment Share on other sites More sharing options...
trogers Posted March 5, 2016 Share Posted March 5, 2016 Does not look good. I see completion of structural works but very little progress in architectural elements. Over 50% of construction cost are in the architectural and interior works. Seems the development is facing cash flow problems. Would also seems major procurement of plant and equipment has been delayed, eg. Elevators. Link to comment Share on other sites More sharing options...
taninthai Posted March 6, 2016 Share Posted March 6, 2016 Looks like a prison block ,I too would be wanting my money back. Link to comment Share on other sites More sharing options...
mike324 Posted March 7, 2016 Share Posted March 7, 2016 By rule of law you will need to send "registered mail" for it to be enforcable, emails are weak evidence and can be easily thrown out in courts. Link to comment Share on other sites More sharing options...
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