Document for selling rural non chanote land

[Kenny202]

Mrs selling her home and land in the village. The land is non Chanote and listed as family land. I'd rather not get off track here debating the

price of fish and legalities of selling "family land" to non family members. We have checked with local govt, our lawyer etc and we are quite

within our rights to sell provide all partied agree and witnessed by the Poo Jai Bahn. The buyer is comfortable with it also as it is regularly done

in the area. Would like advice from someone who has done the same thing recently if possible.

 

The document / receipt the missus has from when she bought the land she got from the local shop. Very basic document, not much more than a 

receipt. There are no drawings or dimensions of the land...only references to who lives next door and across the road. The land has never been

surveyed so there are no markings, posts etc only shabby fences. 

 

In our case the home / land will be sold in 2 payments. First payment 80% and 20% payable 3 months later or a provision for 10% interest monthly
until debt cleared. We know the people and are comfortable with this. Only talking small money here by the way. Of course it would have been preferable

to have the payment in one hit but had the house on the market for well over a year and not one serious looker. Again, not huge money. 

 

Would you normally give the buyer occupancy before or only after the debt is cleared?

 

So we need some sort of document where we can offer as a receipt and add the special conditions of the two payments. I assume you can still buy a

document from a bookstore or something here or are they downloadable somewhere? Rather not blow 20 or 30k on a lawyer to knock something up

and besides its more to protect the buyer than the seller. I don't care if its on toilet paper TBH and the buyers not that concerned.

Any advice appreciated

 

 

 

 

[Paul944]

If you have access to a PC with a printer. Just type a document like the one obtained when buying the property. make a separate IOU for the 20% and state the buyer get the receipt (prove of ownership) after paying the 20%. To make it a bit official ask the village head to sign both documents. I assume both documents have to be in thai, so let our wife do the typing :).

 

The worst that can happen to you is never see the 20%. But with the village head as a witness I guess the buyers do not want to lose face about that. The risk is all for the buyer. 

[Odin Norway]

Why not wait until you have gotten all the money before you hand out any paper at all? 

Its only 3 months anyway.

No I would never give anyone occupance in a house before it is payd for..

Would you do for anyone you dont know wherever you come from?I dont think so.

 

Best of luck

[swissie]

Go with advice given above.

A case in Point: In the province I lived, the land office started a major effort to survey the land, in order to give the "legitimate" land owners at least some sort of official land papers (far from being Chanote). 

With the result: Potential buyers wait for "some" official land papers. = Without any sort of official  papers, nobody wants to buy at this point.

I assume in OP's province, no such efforts by the land office are in the making and land transactions are still conducted by exchanging "receipts" (with the blessing of the local Puu Yai Baan, after having left him with a bottle of fine Scotch Whiskey.)

Cheers.

[how241]

I would definitely let them move in with 80%  down.  Very good chance you will get he rest.

[Retiredandhappyhere]

Eleven years ago, I purchased 3 rai of land way out in the country but only about 600 meters from the gates to a National Park, using the method of purchase described by the OP.  We paid a tiny amount of tax each year to the Provincial Amphur office and  duly received a pink tax certificate recording us as the owners.  We understood the Amphur Office would one day get out of their chairs in their air-conditioned office and survey all the surrounding villages for possible future chanote titles to be issued but that never happened.

 

Being married to a Thai lady, I was foolish and naive enough to build an expensive house (4 bed, 5 bathrooms) on that land, using a Bangkok  architect and his father's building firm.  No complaints with that as we ended up with a beautiful house.

 

However, in 2014, after my divorce when I moved out of the house, some soldiers arrived along with officials from the Amphur office.  Residents of all the nearby villages, including my ex-wife, were obliged to sign a paper allowing them to continue to occupy the land for an unspecified period but denying them the right to sell   My lawyer confirmed that they had no option but to sign. Thus my ex-wife now has possession of the house and I have lost the 50% of any potential sale price to which I was entitled under the Divorce Agreement.

 

I mention this here as an anecdote relating to the subject raised by the OP,  but I am too old (75) now to be bitter in any way, as I put it down to my own stupidity and I want to get on with my life (admittedly a lot poorer) but without recriminations.

[zaZa9]

I have no idea on the forms sorry.

But no way would I allow occupation of the land till its paid for in full.

The Thais in my gfs villiage ( South )  have a saying , "Yoom lae loom " or 'borrow and forget' and its not hard to see that stretched to 'promise to pay for land and never do so '.

If nobody is much fussed , and its not a big deal ( or breaker )  then why stick your neck out?

The buyer  can wait 3 months to occupy , but my hunch is it may be longer ...

[khunPer]

Normally the standard Thai land-sales-agreement form from a local book- or paper-store is used, and preferably filled in by Head-of-Village, who shall also sign as witness; both parts meet and sign in front of Head-of-Village. Each part hold a copy. Your wife or wife's family and Head-of-Village will know the procedure, as it's done all the time by locals – not for a farang to worry about...

[4MyEgo]

In our case the home / land will be sold in 2 payments. First payment 80% and 20% payable 3 months later or a provision for 10% interest monthly
until debt cleared. We know the people and are comfortable with this. Only talking small money here by the way. Of course it would have been preferable

to have the payment in one hit but had the house on the market for well over a year and not one serious looker. Again, not huge money. 

 

As your wife has had the property on the market for over a year, with no serious lookers tells me that whatever she is getting is 80% better than nothing.

 

If she kept the land and house means she probably won't find a buyer for years if ever, because as we know village people don't really have money, and rarely buy land with houses on them, suffice to say, if it means taking the risk and not seeing the 20% so that you guys can move on with your lives, then move forward, and if the buyers do come up with the 20% after 3 months its your bonus, personally, like a previous poster said, I borrow you means the scale is weighed against you, hence the reason when we here I borrow you, my wife replies with, I no have, and falang says I don't borrow (lend) money.

 

Good luck

[lannarebirth]

At 10% monthly interest you should hope they never pay you off in full.

[KittenKong]

Sign what you like and give free whisky to as many witnesses as you like. You still probably wont get the 20% balance or the interest.