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Antonymous

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About Antonymous

  • Birthday 01/14/1964

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  1. I don't think you know what a Sale & Purchase Agreement is. You say above that: "The sale and purchase agreement was done in the land office, and included only land and buildings, in the narative bit" This is flat out wrong. The S&PA is a contract entered into at the time that an offer is agreed. It sets out, inter alia, the full details of the property for sale, any conditions that apply, the amount of the deposit that has been paid (usually on the date of the S&PA), the final sum to be paid on closure and the expected date of closure (ie the date that the property will be transferred at the land office). The S&PA is a private contract between seller and buyer and it is not presented at or to the Land Office. The land officers never have to see it. It is often the case, for example, that the actual selling price in the S&PA is higher than the selling price declared to the land office. This is so that transfer fees and taxes will be minimised. From what you have told us so far, it appears that you never entered into a S&PA. Then you've said that: "In court again yesterday Thai lady as registered owner said they paid 4.0 M for the land and buildings and 4.0m for the non listed F and F" So you sold the property for 8 million baht, right? Before the offer was made, did you mention (better yet write) that the land and buildings were to be sold separately to the F&F? Did you ever agree what proportion of the total selling price would be F&F? Unless you had these important details written into the S&PA the buyer cannot claim to have paid 4 million for the F&F. My guess is that at the time of the transfer in the land office you all agreed to state a lower selling price of 4 million for the property to avoid paying higher fees and taxes. Is that what happened? If so you lied and had better be careful what you state while in court. If I'm right, I assume that the buyer is using this anomaly to suggest that the other 4 million that they paid must have been for F&F. Of course this is nonsense. End of the day, you are screwed if you didn't have the nouse to get a proper S&PA drawn up, signed and witnessed at the time you accepted their offer. Taking this to court may end up in a heap of trouble.
  2. Normally when you sell a house the Sale and Purchase Agreement will state what is included in the sale and what is not. You did have a Sale and Purchase Agreement didn't you? So check what was stated about the furniture and other belongings in the house. Included in the sale or not? If stated that you would remove certain items then you may still be in your right to do so, even though you have been evicted already. Within that S&PA you should also have stated clearly your agreement to remain in the property for three months and what responsibilities that would confer on you. Clearly you didn't and that was expressed verbally, which I'm afraid has no legal standing. If you employed a lawyer or a real estate agent to handle the sale and they did not draw up a proper S&PA, you might have some recourse to sue them, but this is Thailand and your chances may be slim.
  3. The company structure for the sole purpose to purchase a property is illegal. The fact that it has been widely used by foreigners to circumvent the law is certainly no guarantee that it won't come back to bite at some time in the future. As a Thai, there is no reason to purchase a property with a company structure, unless perhaps they actually wanted to have a limited company to operate a legitimate business from that property. In which case they would need to change the Articles, change the shareholders. With a company they would then have to pay for an annual audit and follow other company laws. So if your Thai buyer does not want a company, he/she absolutely must insist on buying the property from the company without any encumbrances associated. In that case it is usually a 50/50 split of transfer tax and stamp duty at the Land Office. The seller always pays the business and other tax. There may have been a capital gain (profit) on the sole asset of his company that will be subject to tax. What the seller then does with his shell company is up to him. It has nothing to do with the Thai buyer of the property. Perhaps he'll try to buy another property with it for example.
  4. Thanks for this. Of course our state of health and life expectancy are critical factors in the decision about when to retire and what to do in retirement. Plenty of folk seem to be of the opinion that they may kick the bucket sooner than expected and therefore they should live an old life of maximum hedonism, heavy drinking, etc. I'm the opposite. I want to live as long and as healthy a late life as possible. When Covid began spreading in Thailand I doubled my efforts to lead a healthy lifestyle, improve my sleep patterns and worked hard on my weight, fitness, blood pressure and cholesterol. I changed my diet and added supplements to boost my immune system. I've been getting regular health check-ups. So...I just took the test in your link. My life expectancy currently is 88, according to this test. I took the test again and entered all my metrics as they were 18 months ago. At that time my life expectancy was only 78. So there you have it. I've apparently added a possible 10 years to my life, with some thanks to the pandemic scare! Hope that may inspire some of you to make the effort too.
  5. The decision when/whether to retire is a very personal matter and there's no one answer to fit all. For many people that don't have sufficient savings or a pension lined up, there simply isn't a choice and they must continue earning a living through their labour. Then there are some who have been employed so long that their occupation has become their 'life' in itself - they haven't developed or don't have the capacity to develop interests outside of work. For some of my friends who have already accumulated a big nest egg, they don't want to give up work because they have a high powered job or business that gives them status and they are afraid to lose that. For me, I chose to retire at 50 at a time when I calculated (very large and detailed spreadsheet) that with careful investment of my accumulated savings I could live out a comfortable life until my mid-90's without the need to work again. I didn't have a large sum, but I knew plenty about money management and which investments within Thailand were likely to meet my financial goals. I have lived in Thailand 30 years and have invested everything in Thailand. It has been a great choice. Those investments have delivered beyond my expectations and already the capital growth far exceeds my rate of expenditure so my net worth has been increasing since I retired, not being depleted. I could not be happier with my decision to retire young (or to live in Thailand). I can do whatever I choose and my time is spent only on things that make me happy. Some things that I can enjoy fully at my age now may not be possible when I'm 70+ and that's one of the major good reasons to retire as soon as you have the means to do so. It should be said though, that if you are someone who gets bored when faced with 'free-time', early retirement probably isn't for you. You have to be self-motivated and able to develop hobbies and other interests to fill your time.
  6. In Thailand health insurance is useful even if you have plenty of money to hand. It is essential if you don't have any money. Unfortunately, as we know, many people, especially older folk, cannot afford the premiums. In that case living here will always be a gamble. That part is your choice.
  7. I have seen this unnamed 'other forum' mentioned half a dozen times by different members now. Which forum is it? This is a genuine question. Surely it isn't something top secret. There is still SOME free speech allowed on TV/aseannow. Please name it.
  8. Uh-hu. So, wouldn't it be simpler to take a look out at the weather and flick a switch to turn on or off the irrigation system as needed? What value has the smartphone added here?
  9. What is the point of these reenactments if it isn't to incite such scenes? STOP THEM right now.
  10. Maybe the same that some Thai women look for in foreign men. Subservience, dependability and money (earning capacity).
  11. Ah yes, but that's because there's more than one Biggus Dickus.
  12. A terrible tragedy for any family to bear. Seems to have been unsupervised. They were on holiday in a strange place. Perhaps the girl had never been in a pool before. Should be a lesson there for pool owners to put up protective barriers around these child hazards...
  13. A big cheer for Chiang Dao, the most beautiful area in Chiang Mai and one of the best in all of Thailand. From the UNESCO site: Doi Chiang Dao Biosphere Reserve is located in Chiang Dao District of Chiang Mai Province in Thailand. It is the only region in the country to be covered with sub-alpine vegetation, found also in the Himalayas and in the southern part of China. Many rare, endangered or vulnerable species live in the 85,909.04 ha biosphere reserve, such as the Lar Gibbon (Hylobates lar), leaf monkey (Trachypithecus phayrei), Chinese Goral (Naemorhedus griseus), Tiger (Panthera tigris), or Clouded leopard (Neofelis nebulosa). The landscape abounds with caves formed by the infiltration of rain water through limestone formations. The largest and most important of these is Chiang Dao Cave, from which the biosphere reserve takes its name. The cave is associated with the legend of Chao Luang Chiang Dao, the king of all spirits, who is believed to reside in the towering Doi Chiang Dao mountain; both are revered as sacred places. A Buddhist temple in the Lanna style marks the entrance of the cave. The cave and mountain attract many visitors each year, and a model for visitor impact management was implemented. Ecotourism, birdwatching and stargazing are further local tourist attractions. Agriculture using a traditional gravity-based irrigation system called Maung Fai is a notable activity in the site, where local practices and knowledge have been maintained over almost 800 years. https://en.unesco.org/news/unesco-steps-efforts-biodiversity-conservation-designation-20-new-biosphere-reserves
  14. I live in a tambon area with a population of about 5,000 people, all but a few are Thai. So far there have been a total of four cases of residents who tested positive for Covid (it is well known, discussed everywhere hereabouts). All recovered and none with serious conditions. There has been only one death and that was a lady, described to me as healthy beforehand, who died within 48 hours of getting a first vaccination. I have been unable to get the official stats on what proportion of our local population have been vaccinated, but can say that within my village the majority have refused. NOBODY is "begging for the vaccine" here. In a post just above yours another poster said that 20 out of 20 of the Thais he knew were not vaccinated too. Yet here you go spreading misleading wild claims about Thais begging to be vaxxed. If you really believe that you are sadly deluded. As for the OP, the problem he may face is being able to travel to Thailand without being vaxxed. Once he is here it is perfectly possible for him to find himself a peaceful and beautiful rural location within an hour of a major city where he can live a happy life where he will not be hounded to get vaxxed. As do I. In the case of Chiang Mai, for example, there are several excellent private hospitals that are most definitely NOT overrun with Covid patients, where he will be able to get world class medical attention should he ever need it.
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