Jump to content
BANGKOK 23 March 2019 11:49
1haribo

Buying a condo: dispute with developer and land office about size

Recommended Posts

I have bought a new condo in Jomtien and want the property to be transfered to me from the developer (Heights Holding). I have paid for 24 sqm., and the contract states that I have to pay more if the condo is larger and get refunded if smaller. According to the chanod, the size is a bit larger, so I have pay up. I checked the measurement (as on the chanod) and found it completely wrong. It is not even 23 sqm, so I should get a refund. I asked the developer to do a new measurement, but they said the land office did the official measurement, and they only deal with that. At the land office they said, once the measurement is officially on the chanod, it cannot be changed. I should deal with the developer.

I can prove measurements are wrong, but the developer doesn‘t want want to see my photos, they only care about the official, and faulty, measurement by the land office.

 

Is there anybody out there who has actually checked the measurement on his chanod, and found it wrong?

Share this post


Link to post
Share on other sites

Let's try this in the Property Ownership forum.

Share this post


Link to post
Share on other sites

Why can't you just leave be you thought it was going to be more.

Measurements are always debatable but usually not that far out to worry about, at lest they can't move your boundary post. 

  • Like 1

Share this post


Link to post
Share on other sites
2 hours ago, Crossy said:

Don't forget that the measurement includes any balcony and IIRC half the thickness of the outer walls of the unit.

 

These things can soon add up. It's worth asking the land office for their measurement guidelines (it's going to be in thai of course). You could then re-measure your unit against these guidelines. incidentally, how are you making your measurements?

 

If it is land you can ask the land office for a re-survey (not free), one assumes that you could do that for a condo (no experience there).

 

If I account for half the thickness of the outer walls of the unit, this would be more realistic, although there are still some question marks on it.

Sure I included the balcony in the measurement. I have done it with ruler.

Share this post


Link to post
Share on other sites

This is a common dispute that any experienced property lawyer has dealt with before.  The lawyer should provide you a free initial consultation and be easily able to answer your questions and be clear about how to proceed and the costs.

 

Share this post


Link to post
Share on other sites

I would take into consideration this. How much you paid for the property vs lawyers fees and hassle to get the 1 m2 back in value. 

 

A good point made on the outside measurement being used. Interesting. I thought M2 stated was always measured on the habitable space. 

Share this post


Link to post
Share on other sites
5 minutes ago, Snow Leopard said:

I would take into consideration this. How much you paid for the property vs lawyers fees and hassle to get the 1 m2 back in value. 

 

A good point made on the outside measurement being used. Interesting. I thought M2 stated was always measured on the habitable space. 

The measurement guidelines don't seem to to refer to the habitable space. The drawing on the chanod didn't show any inner walls, so I also ignored them in my measurement. Still, I didn't even think about including half the thickness of the outer walls of the unit

Share this post


Link to post
Share on other sites
1 hour ago, 1haribo said:

I have done it with ruler.

Was this ruler long enough to make each measurement in a single measurement?

 

Share this post


Link to post
Share on other sites

OP, how big is the discrepancy ? Less than 1 sqm, multiple sqm ?

Depending on the layout the measurements may include a part of a riser shaft (your pipes etc) that is in your condo.

My condo shows the bathroom as a square room however there is a 20cm x 20cm box in one corner that contains pipes etc. 

Edited by Peterw42
  • Like 1
  • Thanks 1

Share this post


Link to post
Share on other sites
20 minutes ago, Crossy said:

Was this ruler long enough to make each measurement in a single measurement?

 

The ruler is foldable with 10 segments, each 20 cm.

Share this post


Link to post
Share on other sites

Land office are top of the ladder. There is no going over them it seems for an unfair outcome. I guess ask developer for a compromise and be humble.

Share this post


Link to post
Share on other sites

OP. If all you have to complain about is a measurement discrepancy of <= 1 sq m.  You should consider yourself well placed in the transaction.  Now go and enjoy your new home!  Cheers,

  • Haha 1

Share this post


Link to post
Share on other sites

the extra size will be noted on the chanoote, in your favour as a resale.

 

I feel you should be more concerned over the Taxes, can you reply with what they are asking?

 

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 members

    No registered users viewing this page.

×
×
  • Create New...