some thoughts from Dozer
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Bummer Extraordinaire – Roadless House cont.

image DSC06067.JPGThis is a follow up on last week’s article: Worst case scenario – a true story in Pattaya. After talking to the construction workers and getting the full scoop, one thing became clear — this was a setup from the beginning. The owner of the property had bought the land in good faith. When he bought it there was a public access road which came up to the border of what the seller said was a ‘common road’.

image DSC06066.JPG imagine you meet up with a friendly farlang who has just what you need — land. He can take care of everything for you. One last detail. The road running into the property is a public road, but this last little 4 meter ‘surrounding road’ is a common area. It won’t be included in the title deed. Sounds OK, doesn’t it? Wrong. In this case it was a set-up from the very beginning.

image DSC06069.JPGJust Only after the buyer was well into the project did the seller let the bomb drop. Oh, by the way, ‘this common access road’ is my property — and I’m going to put a wall up here. Effectively saying — ‘you’ve been screwed and good’.

The sellers, a falang and Thai couple, did have the legal documents in order. They do have the title to this common road. What will happen?

Thai courts are a bad place to end up. Justice here is for the rich, courts are something everyone tries to avoid. There is normally an arbitration phase before going to court. The person who initiates the law suit will have his lawyer make contact with the other party. If they both choose, they can enter into arbitration, which is a lot less costly than a court case.

In this case it is obviously a shake down for money. The victim has offered a very generous amount to resolve the issue but it has been refused – so far. I would image that this will go on for a while and finally get worked out with a financial settlement.

Since it is a civil law system here, the courts are very hung up on what is written (ie contracts etc) — not what is said. However, in this case it is so obviously a con most people I talked too believe the victims would prevail. In any event, if the victim simply took out any wall or other obstruction blocking entry, I doubt anyone would do anything about it.

AYCNG (although you can never generalize) — this would be a very unlikely scenario to be perpetrated by a Thai. If you’re going to be screwed by a Thai on a real estate deal it will probably be some corner cutting or other relatively minor infraction that remains hidden, at least for a time. Thais don’t like confrontations. A word to the wise — just because someone speaks you’re language don’t trust them hook, line and sinker.

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