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| Law Firm in Thailand |
During my time here I have seen many foreigners come to
Thailand with the aim of setting up a real estate business. Buying land and
sub-dividing it to build houses to sell to foreigners and/or Thai clients
without help from
law firm Thailand . A lot of real estate project
owners sub-divide more than nine plots of land making it a large development
requiring a license from the land department. But many owners choose to forgo
this procedure and find tricks around this process. Some project owners who
have more than nine plots of land do not apply for a real estate license and
only apply for a license later on after construction is finished, as it is then
necessary to have in order to transfer the land and home to a client.
.jpeg "law firm thailand") |
| Law Firm Thailnad |
In this kind of business there will always be common
property such as a swimming pool, community roads and clubhouse etc. all of
these common properties should be transferred to the co-owners of that project.
With the co-owners then arranging a meeting to elect a juristic person who will
be registered at the land department and will have all of the common property
transferred to him or her. The money that is allotted for the maintenance of
this common property is also transferred from the project owner to the
committee of the juristic person in order for them to properly maintain the
common property. It is good for the co-owners to take charge and set up the
maintenance of their properties as they do not require any profit from the
services and maintenance fees become cheaper than if the owner were to take
care of this process. Some time you need help from law firm Thailand.
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| Law Firm Thailand |
Among real estate projects which do not have a real estate
license and keep the common property under the name of the project holder, it
is
simple for the project holder to
always ask for money from the residents for maintenance fees. This fee is
subject to the project owner’s discretion as to the cost which can be increased
if they so select, this can
motive
a lot of problems with the co-owners regarding the cost of maintaining the
common property. Another common problem is when the owner offers to sell the
common property to the co-owners which is also not correct. If the common
property is under the project owners name it is vulnerable to an abuse of power
as I have seen many cases where a project owner does not maintain the common
property, does not pay utility bills and does not fulfill his responsibilities
leaving the co-owners in a terrible mess over their properties. You
can get some knowledge from our
law firmThailand.
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| Law Firm in Thailand |
Our comment: If the project owner has applied for and
received a real estate license, the co-owners can elect a juristic person and
then sue the project owner in order to transfer the common property to the
juristic person. If the project owner does not have the real estate license
then the problem cannot be solved this way. The co-owners will then have to sue
the project owner charging them with a crime such as fraud referring to a
brochure or website of the project ensuring that they had promised to provide
common properties e.g. a swimming pool. If this is the case then a juristic
person cannot be elected and it is necessary to set up a company limited owned
by the co-owners as shareholders and to transfer the common property into the
company name. If you have any question about
law firm Thailand please write into our
law firm Thailand.
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