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Topic Summary

Posted by: Johnnie F.
« on: May 07, 2012, 04:37:07 PM »

Quite good article! Have a look at that article on Korat-Info describing the tricks attempted and the procedure of the court in Korat in a similar case. Reading that thread please don't get irritated by the wisecrack comments about Thai lawyers by a person claiming to be educated in law after serving his "professional training" in a correctional facility. :stab
Posted by: thaiga
« on: May 07, 2012, 03:20:05 PM »

Found on a pattayatoday

The war of roses to claim back the property

It is undeniable that the booming economy and well being of Pattaya is attributed to any foreigners who blindly buy properties for their Thai girlfriends. Who will care about their destiny? Life is not a fairy tale to see a young prince and his fair lady live happily in a castle.
In Pattaya, truth is always stranger than fiction. Most foreigners expect only the closed answer from their lawyer, “No problem sir! Your life in Pattaya will be like a rose in the English hill”.
“A rosy life” is what many foreigners expect. These dreaming foreigners invest all their hard-earned money to make their dreams come true.
This article is for foreigners whose dream becomes a nightmare. We have some clients who fell in love with bimbos. “No money, no honey.” They were asked by their girlfriends to prove their sincerity by buying property for them.
“Send money my bank, I take care house, no problem,” is what the bimbo may ask her man by her simplified broken English which is always workable. The closed answer of her man will be, “Yes, Honey, I’ll take care you same same you take care me”.
The processes are done by consultants who always laugh every time the bimbos call their men “Kwai”–which is a beautiful nickname for many foreigners in Pattaya.
“You’re farang. The land cannot be put in your name,” foreign buyers are always told by consultants.
We have a real story of a retired Swiss man who divorced from his intolerant Swiss wife and started his new life by buying a house to live with his new Thai girlfriend. He went back to Switzerland to sell his properties and sent all his money to his Thai girlfriend. She, in turn, arranged for the house to be put in her name. The Swiss man returned to Pattaya to live in the house he bought for her.
Most readers may have already know the end of this story once the hell hath no fury more than his girlfriend scorned. “Get out my house with your golf bag!”
Can this broken-hearted man sue his Thai girlfriend to return his property?
The answer can be either “Yes” or “No” depending upon what he can prove in court. The main fact is that he bought that property with his money but put the ownership of the land in the name of his girlfriend as a nominee.
Under Section 96 of the Land Code, any Thai national acting as a nominee to own a piece of land on behalf of a foreigner will be legally forced to sell the land within one year. The Thai nominee can be punished under Section 267 of the Penal Code of Thailand for making a false statement in a public document with maximum imprisonment of three years. For more details search the article “The Nominee” in our readingroom:

There was one case in Pattaya in which a foreigner sued his scorning Thai lady who owned the land on his behalf. The judgment was made February 28, 2007 in favor of the foreigner to dissolve the ownership of the land held by the Thai lady. The governor of Chonburi province issued the letter dated October 11, 2007 instructing the registrar of the Pattaya Land Office to force the Thai lady to sell the land and to take legal action against the lady for violating Section 267 of the Penal Code. If you want to read the complete version of the case, please contact us by e-mail.
A foreigner who sues a Thai nominee will be entitled to the money from the sale of land.
In the judicial system, justice is based upon the facts. The judge is just a human being not omniscient like “God”. You will have to seek the facts on your own and you will find the truth which shall set you free.
His girlfriend may argue that he gave the property to her for the passionate gift without expecting anything in return. What you expect from her is only “love”. It is not fraud or ingratitude if she showed to him afterwards that she never loved him from day one.
It is not similar to the case that you put the ownership of land in the name of the person having no passionate relationship with you whom you can easily prove that person is the“nominee”, for example, driver or maid who just only lent you a name and has never kept the land title document (Cha Nod).
Another way the Thai lady may argue is that she had the “co-ownership” of the land with you. In this case, you may go Dutch with her to share 50 percent of money from selling the land. The Land Code of Thailand prohibits foreigners only from the ownership of land or freehold right, not the right to share the money or proceeds from the sale of land. You may search for the English version of the Land Code on Foreign Ownership in our reading room
If you prefer to buy the property by putting the ownership in the name of your Thai lady instead of a company, it is advisable to follow the following guidance:
1) Send the money from your bank account in your country to your bank account in Thailand and withdraw to make payment by a cashier’s cheque. You should keep the bank statement and money transfer slips to show the transactions that all money comes from your pocket.
2) Deal with a real Thai lawyer or “Tanai Kwam” who is independent and can serve you as only one master to protect your best interest without any conflict of interest or conspiracy of silence. The independent lawyer should not sit under the same roof with the broker or seller and should be able to directly communicate with you in English.
3) Sign the contract to buy the property by yourself. Never believe anybody who says that a foreigner cannot sign a contract to buy a land.
4) Register a mortgage with the Land Office clearly stipulating that your Thai girlfriend has borrowed funds from you.
5) Retain the original land title deed (Cha Nod) and house register book (Tabien Baan) in a safe.
6) Prepare a last will and testament for your Thai girlfriend to sign bequeathing the land and house to you in the event that her death precedes yours.
The happiness still requires many factors. Please seek by yourself and you shall find.