Advice and suggestions needed on problem with developer

Post by **Dawebo** » Thu Aug 06, 2009 10:54 am

Hi all,

Heres another unfortunate problem about a foreign property developer. I'm looking for some suggestions. The gist of my story is as follows.

I signed two contracts for the lease of a land plot and for the development and construction of a house in December 05 and agreed a payment schedule. After 4 or 5 months part of my house was built and then the developer stopped citing shortage of funds despite me keeping to my part of the payment schedule. I continued to "work with" this developer for a few years to try and get the house finsihed, but everytime the developer stopped building and everytime he broke any agreement.

My original contract gave him 8 months to complete the house after which penalties kicked in for him. By February of this year I had had enough and I terminated my contract with him. By this stage I had paid over more than 80% of what was agreed but my house was about 70% completed.

I had the house completed by a Thai constructor. The problem I have now is that while the lease has been transfered to me, the house has not. The original developer holds the registration of my house and will not transfer it. At present I am living in my house and it's not a problem but if and when I wish to sell I have a problem.

Is there any way around this short of taking the developer to through the long, complicated and expensive court process?

Note, I have the "blue book" belonging to the house for what it's worth. I do not have a "yellow book" but I'm led to believe this is not difficult to get.

Unfortunately this developer has done the same with all my neighbours. He has been totally dishonest in his dealings with all of us. All of my neighbours are in the same position, however he is saying he will transfer their house titles. The scary thing is that this developer who also has other business interests is now developing a new project and it bothers me about the possiblity of the hardship he will create for unsuspecting others.

Any advice appreciated.

D

Post by **hhfarang** » Thu Aug 06, 2009 11:07 am

This is a very familiar story... exactly what happened to me, the only difference is that I was not in a development and am married to a Thai so everything was/is in her name rather than being on lease.

I just cut my losses, finished the house myself using private contractors and moved on with my life trying not to be bitter about it.

I've PM'd you some additional thoughts...

Post by **Dawebo** » Thu Aug 06, 2009 11:28 am

thanks for the advice HHfang and your PM.

As I've said I have moved on and completed the house. There is no longer a great deal of bitterness there and now the only issue I have is getting the title to my house in my name.

I could not move on literally until I have the house registered in my name as I cannot sell the house without it.

All the best.
D

Post by **Lev** » Thu Aug 06, 2009 11:35 am

Before this thread grows and other parties join in may we remind everyone of our terms and conditions:

We welcome general discussion on property related issues but will not permit the posting of specific information that may be defamatory or used as part of a legal dispute at a later date. This includes but is not restricted to the names of real estate companies, developers, owners, photographs or republication of private messages or email. What is permitted will be so at our sole discretion, this forum is not a platform for property disputes.

Thanks.

Post by **crazy88** » Thu Aug 06, 2009 3:20 pm

Whose name is on the blue book ? Do you have the building permit ? Is the lease registered correctly ?

Crazy 88

Post by **thaiorchid** » Thu Aug 06, 2009 5:07 pm

It is interesting, if you have a bad meal in a restaurant and waste your time and money, it is OK to name and shame the place. If on the other hand a developer cheat you for millions and/or create problems for you, making your mental health suffer, it is not even allowed to hint who the guy is. And MODS I understand your dilemma, not an easy issue. Just a reflection.
thaiorchid

Post by **hhfarang** » Thu Aug 06, 2009 5:21 pm

It is interesting, if you have a bad meal in a restaurant and waste your time and money, it is OK to name and shame the place. If on the other hand a developer cheat you for millions and/or create problems for you, making your mental health suffer, it is not even allowed to hint who the guy is. And MODS I understand your dilemma, not an easy issue. Just a reflection.

Yes, that's true, and I too appreciate the tightrope that forums and mods of forums have to walk here. It's too bad because some people like the one this thread is about have been here ripping people off for years and if anyone says anything bad about them, even if true, they are sued for liable or slander and the "face" laws here seem to supersede guilt or common sense so they usually win or can drag out the case until the other person gives up. The net result is they can go on cheating people for decades because no one can publicly warn the later victims.

Sad state of affairs...

Post by **Lev** » Thu Aug 06, 2009 5:22 pm

thaiorchid wrote:It is interesting, if you have a bad meal in a restaurant and waste your time and money, it is OK to name and shame the place. If on the other hand a developer cheat you for millions and/or create problems for you, making your mental health suffer, it is not even allowed to hint who the guy is.

Final warning, if you question our terms and conditions or advertorial policies once more your account will be suspended. We have reasons for the rules and the way this forum is managed and operated is not for discussion.

Post by **jasonw** » Thu Aug 06, 2009 5:32 pm

Hi Dawebo

PM me the details, I know of someone who will relish taking on this developer

Super Joe · Post by **Super Joe** » Thu Aug 06, 2009 8:31 pm

hhfarang wrote:and if anyone says anything bad about them, even if true, they are sued for liable or slander and the "face" laws here seem to supersede guilt or common sense so they usually win or can drag out the case until the other person gives up.

Correct, defamation in Thailand is highly slanted in favour of the person who's been defamed. Even IF the defendant can prove to a court that all his accusations were true, that alone does not make him immune from damages to the others 'reputation' and loss of business, which they often pluck figures like 20M Baht out of the air. Farangs on forums in Thailand have already been given jail time and fines for libelling other farangs.

Dawebo wrote:the only issue I have is getting the title to my house in my name.

A house does not have a title document, but as you're rightly looking to get, it can be registered in your own name separate to the land. If it was not included in the agreements (it should have been by your lawyer) then I don't know whether or not you can force the landowner to agree to the registration!?
You really need to see a lawyer, you should have enough documentation to prove ownership via the construction agreement and payment receipts. You want to get a copy of the building permit for future use, doesn't matter if its your name, developers or building contractors, you might be able to get a copy from Tessabahn or Obordor via the Blue Book you are holding. The permit alone is not proof of ownership, nor is a blue or yellow book.

At present I am living in my house and it's not a problem but if and when I wish to sell I have a problem.

It won't neccessarily be a problem, your lease should gives you all the rights you need to use the house and make alterations to it. If I was buying your property I'd be concerned about the lease rights and not ownership of the house. 'Ownership' of the house ends when your lease term ends, although there is a law about the landowner having to pay you for any increase to the land due to the house etc .................

Good luck,

SJ