Huahin Law Firm

27/05/2014

HOW TO CHECK CONDOMINIUM UNIT BEFORE PURCHASING.
In case the condominium is not yet completed:
1. Every condominium projects require the construction license granted from the local.
2. The land where the condominium is situated must be evidenced only by “Chanode” land deed. Check if the land is owned by the project owner. Also check if there is no any encumbrance other than mortgage on the land because the land with any encumbrance other than mortgage cannot be registered for condominium construction. If you do not trust the evidences provided by the project, the evidences can be rechecked at the local land office.

30/04/2014

Consideration on the law with regard to the lease of immovable property according to Thai law

1. Civil and Commercial Code, Article 538 is stipulated that for the lease of immovable property, if there is no evidence in any letter signed by the liable party, it is stated that the prosecution of enforcement cannot be done, if the lease term is over 3 years up or stipulated through lifetime of the Lessee or the Lessor; if it is not done in letter or registered to the official, it is stated that such lease can be prosecuted to do enforcement for only 3 years.

- Consideration: being signed by the liable party; “who is the liable party?”; the answer is : both parties are the liable parties.
- The Lessee is the liable party for the payment of …………expense. The Lessee shall allow the Lessee to reside in the leased property or make a registration at the land office for the Lessee.

2. For the lease of immovable property over 3 years, unless the lease agreement shall be made, going to register the lease shall be done at the land office where such immovable property is located because according to the law, the lease agreement shall be effective and bound between the Lessor and the Lessee for only 3 years, for example; Mr. A makes the house lease agreement with Mr. B with its lease term of 10 years but going to register the lease is not done at the land office where the house is located; the lease agreement with its lease term specified for 10 years made with each other is certainly ineffective, it is equal that there is the lease agreement with each other for only 3 years. Therefore, if there is a case of dispute occurred after the 3rd will be the problem immediately.

- Consideration: the contractual party may prosecute again the other contractual party to register the lease but it must be prosecuted within 3 years from the date of making the lease agreement and in the agreement, it must be specified to have both contractual party go to register the lease at the land office and then it can be prosecuted to do enforcement. The information of lease in reverse of the title deed of such plot will be appeared.

3. The longest term of leasing the immovable property is not over 30 years. At present, there is the making of 30-year lease agreement plus for 30 years under another agreement. It is questioned how is the result? The answer is that the agreement plus for 30 years is not contradictory to the law as well as peace and order of the public and also can be enforced between both contractual parties but it will not be continuously effective automatically because both contractual parties shall go to make a registration again at the Land Office.

- Consideration: it must be understood that the Lessor can sell the leased property to other person but it will not impact to the lease agreement between the Lessee and the Lessor formerly. However, there is some problem whether the contractual clause regarding the renewal of this agreement will be bound with a new buyer or not; the answer is that it is not bound because it is not the direct right and duty as per the lease agreement unless a new buyer will agree to bind it in letter with the former conditions between the Lessee and the Lessor.

4. In principle, the lease agreement is the individual right of the Lessee. What does it mean? Let us see………….this is because the immovable property is the one with high value. Therefore, for the action to allow someone to take on lease of our immovable property, we shall certainly have confidence on such Lessee first; for example, we have confidence that this person can take care of the leased house very well because this person is fond of cleanness or this Lessee is not probable for missing to keep an appointment of paying the rental because the Lessee has the good financial status. The Lessor therefore specifies that it is given to have this Lessee take on lease only by specifying in the lease agreement also. Therefore, the law deems that the Lessee is the essential part of the lease. Then, if this Lessee who makes this agreement dies even before the lease agreement expires, the agreement is certainly terminated according to the law immediately. The succession of descendants cannot be made; for example, the lease agreement is scheduled for the term of 3 years but after the lease for only one year, the Lessee dies, the lease agreement is certainly terminated immediately.

- Consideration, the solution is that both parties shall specify clearly whether the Lessor or the Lessee is the essential part of the lease agreement or not. For another solution, if the Lessor can stipulate in the lease agreement that “this lease agreement is given to devolve to the Lessee’s heir in case the Lessee dies before the lease agreement will expire”.

For these problems and conditions of law, they are a part from the direct experiences of the writer especially in the locality of Hua Hin and other area. There are many more foreigners who do not understand this matter exactly. Kraivit Business and Estate Law Office is ready to give some advice and how to protect against the problem which is eventually occurred in the future as per the expression that “when knowing the problem, it is certainly not occurred” as well as the problem-solving occurred by means of exercising the right of prosecution via the Court by the lawyer who has the specific expertise about these matters.

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30/04/2014

We would like to give you some advice of consideration for supporting your decision regarding real estate purchase
1. Category of the Land: In Thailand, there is the land with various types of title documents that give various legal effects; some categories of the land are prohibited by the law to buy and sell with each other. Therefore, you shall understand these points.

2.Category of the Contract: Especially a foreigner, he/she cannot possess the land according to the Thai Law. How you will therefore have the right of residence which is similar to the action of being the owner at the most? Surely, the contract in each category differently has good and bad points; it is up to the conditions of each person.

3.Conditions of the Contract: Using the words in the contract effects to the rights and duties against the contractual parties. Surely, the person who will understand this matter shall be the legal officer only.

4.The Seller’s Status: in addition to the introduction and inducement to have you buy the house, is there anyone introducing the buyer to verify the seller’s status? Many persons think that it is the direct duty of the broker and sometimes, the benefit in his/her own commission may be lost but we shall accept that the seller’s status is the important matter to be considered; for example, verifying whether the seller is the bankrupt or not because according to the Bankruptcy Act, A.D. 1940, Section 24, enacting when the Court orders the comptrollership of the debtor’s property, the debtor is prohibited to do any action on his/her property or business unless this will be done as per the order or approval of the Court, comptroller, trustee or the creditor’s meeting as enacted in this Act.

Therefore, if the seller is the person who is during the process ordered by the Court for bankruptcy, the transfer shall be revoked afterwards. Surely, the unpleasant matter for the buyer is to verify whether the seller has any debt or not and the property to be bought is during the process of case prosecution in the Court or not. As a result, buying and selling the property may be prosecuted for revocation afterwards. According to the Civil and Commercial Code, Section 237 enacting that it is valid for the creditor to prosecute and revoke the juristic act done by the debtor that it causes disadvantage against the debtor. Although, the law protects the honest buyer who does not know the said fact, he/she will be protected but there is no buyer desiring to employ the lawyer to defend the case in the Court after buying and selling the property. Accordingly, verifying the seller’s status is the matter which should not be neglected in order to prevent the prospective problems.

5.The Status of Property Relation between the Husband and Wife: If the buyer has a spouse, for buying the property before marriage and buying the property after marriage, how will they be given effect to the Thai law? How will we do to be able to make a contract of exemption not to have these laws enforced him/her. It is one matter to be considered.

6.The Transfer of Property or Grant of Property in Succession to the Heir: It is sure that everyone has no immortal life. Therefore, how will you do to have your property become in succession to your heir or beloved person? Then, it is up to the contract in each category whether it will give a chance of doing such action or not.

01/04/2014

HOW TO PROTECT YOURSELF FROM SCAMS AND FRAUDS

1. Always keep the land deed safe. In case of lost documents, immediately inform the police.

2. Avoid making a loan agreement and take the land deed as collateral without a lawyer because such land deed may be a counterfeit or illegally obtained. Even if the land deed is real and legal, the owner may inform the police that it is lost and issue a new one.

3. If the land deed is not kept with yourself, only entrust the land deed with someone you can trust.

4. Avoid signing any blank document especially a power of attorney.

5. Before purchasing, accepting a mortgage or a sell with the right to redemption, self-check the location of the land and check the ownership of the land at the local land office. If possible, a prior survey of the land by the expert is recommended.

6. Recheck your own land at the land office at least once a year whether you have any transaction concerning such land or not.

7. Every transaction concerning land must be registered at the land office. In case of purchasing, the land must be immediately transferred if the cost of the land is fully paid.

8. Avoid making a contract with installment payment more than 2 times. In case you are unable to avoid such, please contact us. We have methods that can protect you but we cannot publicize such methods.

9. Avoid purchasing land that has its registration changed frequently. In case you are unable to avoid such, checking the status of the land and its owner more thoroughly by an expert is recommended. (Purchasing the land from the owner who has held the title of such land continuously for more than 5 years does not need to pay for the special business tax at a rate of 3.3% except that such owner is the juristic person.)

01/04/2014

HOW IS TAKING AWAY A PERSON FOR RANSOM?
Any person taking another person away forcefully or by deception for ransom shall be imprisoned from fifteen to twenty years or imprisonment for life. He/she mat be punished with death, however.

Any person taking another person away forcefully or by deception for ransom shall be imprisoned from fifteen to twenty years or imprisonment for life. He/she mat be punished with death, however.Taking away a person not older than 15 from his or her guardian or from person caring him/her without a re...

28/03/2014

Consideration on the law with regard to the lease of immovable property according to Thai law

1. Civil and Commercial Code, Article 538 is stipulated that for the lease of immovable property, if there is no evidence in any letter signed by the liable party, it is stated that the prosecution of enforcement cannot be done, if the lease term is over 3 years up or stipulated through lifetime of the Lessee or the Lessor; if it is not done in letter or registered to the official, it is stated that such lease can be prosecuted to do enforcement for only 3 years.

- Consideration: being signed by the liable party; “who is the liable party?”; the answer is : both parties are the liable parties.
- The Lessee is the liable party for the payment of expense for the Lessor . The Lessor shall allow the Lessee to reside in the leased property or make a registration at the land office for the Lessee.

2. For the lease of immovable property over 3 years, unless the lease agreement shall be made, going to register the lease shall be done at the land office where such immovable property is located because according to the law, the lease agreement shall be effective and bound between the Lessor and the Lessee for only 3 years, for example; Mr. A makes the house lease agreement with Mr. B with its lease term of 10 years but going to register the lease is not done at the land office where the house is located; the lease agreement with its lease term specified for 10 years made with each other is certainly ineffective, it is equal that there is the lease agreement with each other for only 3 years. Therefore, if there is a case of dispute occurred after the 3rd will be the problem immediately.

- Consideration: the contractual party may prosecute again the other contractual party to register the lease but it must be prosecuted within 3 years from the date of making the lease agreement and in the agreement, it must be specified to have both contractual party go to register the lease at the land office and then it can be prosecuted to do enforcement. The information of lease in reverse of the title deed of such plot will be appeared.

3. The longest term of leasing the immovable property is not over 30 years. At present, there is the making of 30-year lease agreement plus for 30 years under another agreement. It is questioned how is the result? The answer is that the agreement plus for 30 years is not contradictory to the law as well as peace and order of the public and also can be enforced between both contractual parties but it will not be continuously effective automatically because both contractual parties shall go to make a registration again at the Land Office.

- Consideration: it must be understood that the Lessor can sell the leased property to other person but it will not impact to the lease agreement between the Lessee and the Lessor formerly. However, there is some problem whether the contractual clause regarding the renewal of this agreement will be bound with a new buyer or not; the answer is that it is not bound because it is not the direct right and duty as per the lease agreement unless a new buyer will agree to bind it in letter with the former conditions between the Lessee and the Lessor.

4. In principle, the lease agreement is the individual right of the Lessee. What does it mean? Let us see………….this is because the immovable property is the one with high value. Therefore, for the action to allow someone to take on lease of our immovable property, we shall certainly have confidence on such Lessee first; for example, we have confidence that this person can take care of the leased house very well because this person is fond of cleanness or this Lessee is not probable for missing to keep an appointment of paying the rental because the Lessee has the good financial status. The Lessor therefore specifies that it is given to have this Lessee take on lease only by specifying in the lease agreement also. Therefore, the law deems that the Lessee is the essential part of the lease. Then, if this Lessee who makes this agreement dies even before the lease agreement expires, the agreement is certainly terminated according to the law immediately. The succession of descendants cannot be made; for example, the lease agreement is scheduled for the term of 3 years but after the lease for only one year, the Lessee dies, the lease agreement is certainly terminated immediately.

- Consideration, the solution is that both parties shall specify clearly whether the Lessor or the Lessee is the essential part of the lease agreement or not. For another solution, if the Lessor can stipulate in the lease agreement that “this lease agreement is given to devolve to the Lessee’s heir in case the Lessee dies before the lease agreement will expire”.

23/03/2014

YOU CAN DO TO PROTECT YOURSELF AGAINST FRAUD.
Keep personal information confidential
Don’t give out personal information over the phone, through email or over the Internet unless you initiated the contact and know who you’re dealing with. Don’t include personal information like credit card details in regular, unencrypted email or enter it on an unencrypted website as your information won’t be secure.