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Kay McDonnell

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Posts posted by Kay McDonnell

  1. Thank you for your responses.  I am thinking to leave by my car and drive to the Satun border on Thursday.  I have a british passport and have lived here for years.  My last international travel was 3 months ago and it was to get my 1 year non b to Penang.  I have work permit valid until November which requires over border stamp every three months.  I have no symptoms and really do not want to have to get a health note or be in self isolation on return

    Any advise is much apprieciated.

  2. Just now, xylophone said:

    If the buyer now has the 5 million baht, then could you not approach him and show him the agreement you have, with the monies outstanding and get him to deduct that money owed to you from the 5 million baht which is payable to the previous owner?

     

    The other thing is that the current occupier/owner is sure to have the contact address or number of the seller and you may be able to contact him through this medium, and as others have suggested send him a strongly worded letter from a lawyer, looking for full payment or perhaps a settlement of some description.

    The buyer does not want to get involved with this as he wants his sale to go through.  I understand that so i have to just get on with it in the court, if it gets that far.  I will have to wait until Thursday after the deal is done.  How <deleted> some people can be.

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  3. Well i just went to my lawyer and he said this is not a difficult case and he believes it will be an easy win.

    Thank you for your comments.

    I was so stressed as i did not have their forwarding address in Bangkok so i was worried that i could not find them to serve notice, but my lawyer said that is easy through immigration and land department

    Guess the long process begins

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  4. I sold this two years ago and got 50% of my commission then.  The problem came later when the buyer did not have the balance of 5 mtb.  He paid 29 mTB but not the balance.

    Between the buyer and seller they agreed that buyer could move in regardless.  this was 18 months ago.  After that the owner sacked me as an agent, after the buyer moved in.

    I told him that you cannot just sack a agent after they did the sale.

    The buyer now has the 5mtb and the seller is not paying

    I was upset with him 18 months ago when the buyer  moved in and he did not pay me the balance then/.

    If buyer do private mortgage deals on the property and it could have been 30 years for all i know, and no commission

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  5. 1 hour ago, stevenl said:

    No idea either, I just answered this question you posed : If any of you went to work on a job that took you a very long time and you did not get paid, what would you do? :.

     

    You come on here, seemingly for help. There are some good suggestions, but more information is needed for a complete answer. You don't give that information, so until you do you won't get your answer. I have the feeling though you don't want to do that since you know the answer already but don't like it.

    I dont mind to give all the information to the people that are interested.  I am only saying back that i cannot see what the labour department could do?  I am employed by myself as a director of my company

  6. 17 hours ago, 4MyEgo said:

    Some answers to some questions may assist other in answering your questions.

     

    1) Are you the selling agent or is the owner selling the property privately while still under an agency agreement of which I imagine you have signed and dated.

     

    2) If you sold the property, where is the 10% (deposit) assuming it's 10% being held, in your trust account or the lawyers, if its the lawyers wouldn't you just provide them with a letter and a copy of the agency for your commission to be paid upon settlement ?

     

    3) If your vendor has sold the property privately while under an agency agreement, you would be best to let it slide, unless you want to wait years to go to court and of course it could go either way, i.e. if the vendor can provide evidence that during your agency you didn't perform, however if you can prove you introduced the buyer then its and open and shut case. 

    I am the director of my own company

    There was a reservation fee which i was paid 300000 then i got 50% of the commission and now there is 792,000 outstanding

    I believe it is an open and shut case.  However. I do not have his forwarding address but he resides still in Thailand and it takes so long, costs so much and you do not get your costs back in thailand

    • Thanks 1
  7. 15 hours ago, blackcab said:

     

    You have no legal right to do this, and if you do so and the sale falls through at the last minute then there is every chance both you yourself and the directors of your company would be liable to both the buyer and the seller for the full value of the loss of sale, as set out in Section 420 of the Civil and Commercial Code:

     

    "A person who, wilfully or negligently, unlawfully injures the life, body, health, liberty, property or any right of another person, is said to commit a wrongful act and is bound to make compensation therefore."

     

    As you work for a real estate company and you have a work permit then your principal will have signed an agency contract with you. If your principal does not perform then your remedy is to take the matter to Court, not act in an unlawful manner.

    That works two ways

  8. Well thank you for your answers.  I feel that if a client does not pay commission, it is theft!

    If any of you went to work on a job that took you a very long time and you did not get paid, what would you do?

    We are talking about 800,000 bht

    Why should the owner get paid for his property and the agent who worked hard, not get paid

    • Like 1
  9. ok so it is to prop up my business by attracting customers to my outlet.

    I think i will offer the use of the tables to sell goods and my thai staff can get a medioca commission to avoid all the issues stated.  

    This should mean the the people wanting to sell can be on hand to advise,  then the buyers will come, which i hope my place will get positive exposure.

    Hope that will work, cannot see any issues at the moment.

  10. I saw this on my FB  page today and a lot of my friends saw it also.  Can anyone clarify about it?

     

    I am in Phuket immigration office getting my business visa. 
    The immigration officer just informed me that every time you come back on into the country you have 24 hours to report to immigration to confirm your address. That is those people on retirement, marriage and business visas. 
    If you return on weekends, the following Monday you report. Excluding public holidays. 
    This is straight from the immigration officer. 
    Please take note.
    2,000 Baht maximum fine.

     

     

  11. 17 minutes ago, eisfeld said:

    There's no miracle cure, at least no legal one. Of course everyone has heard of cases where a bribe fixed problems like this but I wouldn't advise going down that route.

     

    It's always good advise to read the visa rules before entering a country and to look at the stamps that immigration puts into your passport when you enter.

     

    Now would also be a good time for him to research the legal status of the luxury villa that he according to your words "bought", because legally he can't. But I'm sure you know that already as a property agent, right?

     

    lopburi3: Thai Elite can't do anything regarding the 1 year ban. They will probably even refuse the PE visa application and suggest to wait a year. But he can certainly try, doesn't cost anything.

    He did not buy the house through my company, but he has a lease on the land so no issues there, thanks

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