If the seller is not finished. Or delayed than scheduled. Buyers can claim damages as follows
1. case of unfinished construction (Stop building midway) or not finished construction within The buyer is entitled to terminate the contract and request a refund of the down payment with interest of 7.5% per annum starting from the payment start date.
2. construction delays The cause of the seller or operator. Under the law, the seller must pay a penalty to the buyer on a daily basis at the rate of 0.01% of the purchase price. Until it is finished and delivered to the customer. Or as agreed on a case by case basis.
«Meaning of Money»
1. The money is paid. Before the contract date To be sure that the buyer will come to the contract to buy and sell with the seller.
2. A deposit is the amount paid on the contract date to insure that the buyer will comply with the contract to buy and sell.
3. The down payment is paid in installments. After the contract date To repay some of the debt before the trading date.
Sample of court judgments interesting.
Issue 1 for condo purchase The owner of the project can not transfer within the transfer date.
Judgment of the Supreme Court No. 6474/2541
The contract to buy will sell the ownership of the apartment. Specify that the buyer must pay during the construction period. And the seller will promise to finish construction quickly. The contract is to be sold as a return agreement, so when the facts appear that the defendant, who will sell the condominium to stop construction, while the plaintiff, who will buy installments for up to 1 year, the case must be deemed defendant. The contract is for sale to sell the ownership of the condominium. The plaintiff has the right to terminate the contract with the defendant. Defendant to fight only that the plaintiff did not terminate the contract. Not to say that the termination of the plaintiff's contract is not lawful. Therefore, the defendant's claim in this article does not raise the accusation. Like in the Court of First Instance and the Court of Appeal. The Supreme Court does not give a ruling. According to the Civil Procedure Code, Section 249, first paragraph.
Issue 2 When the project owner can not transfer the ownership within the project. And the buyer will terminate the contract. Buyers are entitled to deposit / down payment.
Judgment of the Supreme Court No. 6746/2547
The contract to buy and sell the land and land between the plaintiff and the defendant is a rematch and delayed repayment for about half a year. The plaintiff did not pay the down payment to complete the contract. The defendant did not complete the construction of the house as agreed. The defendant demanded a final payment of only 29,500 baht, which the plaintiff paid up to 642,000 baht, leaving only the transfer of ownership and payment of the remaining amount by way of a loan from the bank, so the defendant's notice to call the plaintiff to repay the down payment. last To use the right to terminate the contract. Defendant will have to make payment to the plaintiff that the defendant is ready to transfer the land and house to the plaintiff. When the defendant did not apply for a debt settlement. The plaintiff will not pay the debt under Section 369 when the plaintiff to terminate the contract after the defendant to terminate the contract is equal to the parties have the intention to terminate the contract. The contract between the plaintiff and the defendant is dissolved. Each party must return to its original position. Defendant must return the plaintiff's down payment fully paid to the plaintiff with interest under Section 391
Issue 3 the Agreement. In case of default buyer Seller can hold all deposits. Have a look at penalties. To be fair The court has the power to reduce it as appropriate.
Judgment of the Supreme Court No. 3301/2547
Plaintiff paid 30,000 baht to the defendant on the reservation date and 120,000 baht on the date of the contract to buy and sell the house and land, so the amount of 150,000 baht is the property that the plaintiff has given the defendant on the contract date. The defendant seizes some of the debt and guarantees that the contract will be treated as a deposit. After the contract date to buy and sell. The plaintiff also paid the defendant a total of 12 installments of 840,000 baht can not be regarded as a deposit. It is only a partial payment of the house and land, so when the plaintiff is in breach of contract and the defendant terminated the contract to the plaintiff. The contract will be sold so it is not. Defendant is entitled to a deposit of 150,000 baht under Section 378 (2), and when the contract will be sold off. The plaintiff paid the house and some of the land must return to its original status under Section 391 of the plaintiff and the defendant agreed. If the plaintiff is in breach of contract. When the defendant to terminate the contract and pay the plaintiff's money and then all of the defendant. Such agreement is a fine as prescribed in the Civil and Commercial Code, Section 379 and if the penalty is excessive. The court has the power to reduce it to a reasonable amount.
Prescription : 10 years under Section 193/30.
Space : If absent or ultrasonic More than 5% of total area. Buyer will reject Or take it and use the price as part. I will choose according to Section 546.
Documentation of filing
1. contract to buy to sell a suite
2. Receipt of down payment deposit
3. Evidence of advertising for sellers, such as brochures, websites, etc.
4. photos of apartment and building
5. Contract Termination
6. Company Certificate Power of Attorney
7. house registration, ID card, buyer
The Thailand Civil and Commercial Code
EFFECT OF CONTRACT
Section 369 A party to a reciprocal contract may refuse to perform his obligation until the other party performs or tenders performance of his obligation. But this does not apply, if the other party's obligation is not yet due.
EARNEST AND STIPULATED PENALTY
Section 377 If, on entering into a contract, something is given as earnest, this is deemed to be proof of the conclusion of the contract. I also serves as a security that the contract shall be performed.
Section 378 In the absence of agreement to the contrary, earnest is:
(1) To be returned or treated as part-payment upon performance
(2) To be forfeited, if the party giving it fails to perform, or if the performance becomes impossible in consequence of the circumstance for which he is responsible or if the rescission of the contract is due to his fault.
(3) To be returned, if the party receiving it fails to perform, or, if the performance becomes impossible in consequence of a circumstance for which he is responsible.
RESCISSION OF CONTRACT
Section 391 If one party has exercised his right of rescission, each party is bound to restore the other to his former condition; but the rights of third persons cannot be impaired.
To money which is to be repaid in the case of the foregoing paragraph interest is to be paid from the time when it was received.
For services rendered and for allowing the use of a thing the restitution shall be made by paying the value, or, if in the contract a counter-payment in money is stipulated for, this shall be paid.
The exercise of the right of rescission does not affect a claim for damages.
CONDOMINIUM ACT, B.E. 2522 (1979)
Section 6/1 In case that the person having ownership in the land and building under section 6 advertises units in the condominium, a copy of the advertised message or images or brochures, in any form whatsoever, that have been released to the public, shall be kept in the place of business operation until all units are sold. At least one set of copies of all advertised documents shall be provided to and kept by the condominium juristic person.
Sale advertisement of the units containing messages or images that include evidence and details under section 6 shall be consistent with the evidence and details provided at the time of registration, and shall clearly specify details of common property other than those prescribed in section 15.
Advertised messages and images or brochures are deemed part of the contract to purchase and to sell a unit, or a unit sale and purchase contract, as the case may be. If any message or image is contrary to the message contained in the contract, the contract shall be interpreted in favour of the purchaser of the unit.
Additional Advice from Lawyers
1. Sue the entrepreneur or project owner is a consumer lawsuit. Consumers do not lose any fees. Excessive claims. The court has the power to order consumers to bring money to the court before the trial, according to the Consumer Litigation Act 2008, Section 18, paragraph two.
2. Jurisdiction: According to the company.
3. contract to buy to sell the condo Have to see the details clearly.
4. Evidence of advertising of the seller, whether the announcement / advertising / brochures / websites keep the information. Because of the court case.
5. photos It is very necessary to attend court.
6. Always have a letter of warning. Before filing a complaint with the court.
7. cases of delayed projects Buyers should have a letter to the seller. To reserve the right to charge.
8. cases of breach of contract Buyer has the right to terminate the contract and claim a refund with interest of 7.5% per annum from the time of receipt of each payment under Section 391 paragraph two.
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