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Property/sublease issue(s)/I've been conned!


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Shrug.

 

It's safe to assume this thread has ran it's course at this point as nothing good will come out of it further on.

 

Thanks to those who were helpful in a way or another. Rest assured your assistance has been appreciated.

 

Take care. /thread

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To me it sounds like you are the scammer, the deal was 7 years, they pay for remodeling and you get 100k every year after - what's the problem? You agreed to it. I find it very hard to be sympathetic when you seem to be the only one causing trouble. Would it be fair to void the deal whilst they just spent a fortune remodeling your house.

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2 minutes ago, Yeahbutwhytho said:

To me it sounds like you are the scammer, the deal was 7 years

Excepted the deal is void for several reasons;

- There are no such lease as 7 years, the maximum is 3 years without registration at the land office.

- They never gave me my own copy of the signed contract even though they claim they did.

- They became rude, insulting and violent towards myself and my pregnant girlfriend when we asked them a proper copy of said contracts. (Honest people wouldn't resort to such malpractices).

- The house had 2 TVs and a 24" computer monitor when they took possession of the property in March 2018, these 2 items are gone from the property.

- The copies they finally gave us ONLY because I expedited a lawyer their way are totally non compliant and non identical to what I have signed a year ago, my signatures are scanned prints they've gotten from I don't know where (probably from the 1st lawyer).

- The copies mention 5 years, not 7 as per agreed (according to them).

 

I only went after them AFTER I realized I have been conned, hence the name of the thread, simply put; making me sign contracts when you fully know these contracts aren't legit isn't going to make you fly very high with me.

 

Now if you consider that I'm a scammer... to each their opinion, I guess.

 

As requested above; can we actually let this thread die now? I was looking for help and insights, I believe everyone more or less agreed to the same points (well those of you who were legitimately helpful to begin with), everything has been said and there is nothing else that will change the situation in a way or another.

 

If someone has a very good lawyer based in Pattaya or Chon Buri that he could recommend, that would be appreciated, otherwise Google exists for a good reason.

 

Thank you.

 

/thread

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On 2/21/2019 at 12:41 AM, tcp7 said:

About 6 years later where the relationship with the girlfriend ended up in turmoil, she has been nothing but a pain in the rear as we officially broke up, we no longer are in good terms.

 

During these years, I had been a gracious man and let the ex girlfriend's sister live in the house for FREE, no rent to pay whatsoever, as long as she was paying her utility bills and taking care of the property, which she assured me she was doing... I believed her like the fool I was.

 

As I returned early 2018 to check what had happened to my property,

Know you wanted to close thread - but am just curious as this could happen to others (myself) here.  

Question:  You broke up with GF - yet allowed her sister to stay in the house afterwards?  So the GF's sister took everything out of the house and ruined it?  Regards and good luck with your situation 

  

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20 hours ago, tcp7 said:

I then investigated further and found my property listed on Agoda, Airbnb, Tripadvisor and such sites and it is rented out 2.000 THB a night.

Just try to make the contract happen by your lawyer’s help (unless they don’t pay you 10,000 annually). 

This happened since you we’re not able to do anything by yourself. 

Taking the case to court will be costly and could take long time to hear the outcome and no guarantee to be on your favor. 

You will lose the benefit of your property for a few years, but you shall get it back at the end of contract, hopefully. 

 

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Honestly I can’t see that you have been conned at all. The reason whey you don’t have a 7 year lease is the maximum time frame for a lease without being registered at the land office is 3 years. It is common practice in Thailand to sign 3+3+3 year leases for commercial properties ( and probably houses). If you wanted to register the lease at the land office then you would be liable for taxes and transfer fees.

What these guys are doing is normal business practice and i’m Surprised no one has told you about that.  All the leases still are within your 7 year agreement but it is unusual that you say the terms have been split differently than you remember. That should be clarified but at this stage you don’t have an deal that isn’t anything different to a normal business practice. If you are in Thailand and know a farang owner of a bar or restaurant as then and they will tell you 3+3 year leases are normal.

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Read this https://www.samuiforsale.com/lease-law/property-lease-agreement-registration.html

 

if you have signed an actual second term lease rather than an option for a second lease then the second lease may not be enforceable. ( if you signed both it’s enforcable) . But that is not written in stone as it seems there may be a Supreme Court decision that the lessee can rely on to enforce the second Lease.

 

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