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BANGKOK 19 August 2019 00:10

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Could anyone help, 

i lived in Thailand for over ten years, I purchased a house in the south, I have a thai daughter now 11, the house was put in her name. My ex signed the consent part of the form. 

When we split, I went through court, and got full custody of my daughter. 

We wanted to sell to move somewhere else, we were approached by a thai lawyer, and a German, working together,. 

They went to the court to enquire about the house sale, the judge apparently told them as I had custody. The sale could go ahead. 

So we did just that, the German man was a friend of the buyer for 25 years. 

 

The buyer was happy with the situation , as I was,. 

The buyer paid nearly all the money, 

the selling fees were , paid to the lawyer and his German friend. 

The chanote etc was handed over, and we moved. 

 

The problem then was the land registry would not let the new owner, Swiss, -thai

to sign it all over. 

It has caused a big problem with threats coming from the buyer. 

 

We are now back in england, four years. 

I have no intention whatever of , trying to be clever, and have through a thai law firm tried to get this all changed over. 

Apparently, I have to return,. 

Then I am told that I will be locked up when I arrive, for selling illegally. 

Obviously ime not going,. Until I can clarify my legal situation,. 

I still have other land and bank accounts there. So do need at some point to go back. 

Dont fancy fish head soup. Though. 

Anyone can help. Be very grateful. I don’t go against the law, but got seemingly taken in on this, Andy to this day, feel they knew what they were doing,. 

Gave a million and a half off the asking price. 

Beautiful house directly on the sea. 

I thought my thai custody, was enough. And purchased another property in Thailand, which I could not land register either, so had to re-sell, that’s when we came home. 

 

 

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Hu? You just gave him the chanote and you didn't register the new owner at the land office?

 

I never heard of that before, every lawyer knows that's not possible.

 

Normally a kid owning a house or land can only sell if there's a court order to do so until the kid is 18 years old - every lawyer knows that too, i am not sure that exists as you werent the one that enquired.

 

The whole way this sale went is absurd, no offense but no lawyer would do this for his client, at least not real lawyers.

What does the sales contract state???

 

I mean they paid you right? so i can't see what they would have to gain from tricking you, i think legally your kid still owns the house and land imo..

 

Get a bangkok based lawyer and clear this out, sooner or later you will get in trouble otherwise

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To make sure we understand this correctly:

1. Your 11 year old daughter owns a house, you have sole custody

2. You wanted to sell it and advertised it somewhere

3. A Thai lawyer and some German guy contacted you

4. The German guy had a swiss friend, who wanted to buy the house

5. They wanted to put the house in the name of the Thai GF/wife of the swiss guy

6. The buyer sent you the money, you gave him the Chanote

7. You left the country, the swiss guy tried to get the house put in his name and failed

Is this correct like this, or is there any mistake?

 

As ThomasThBKK already mentioned, to sell a house which is in the name of a minor, you need to get a court order to make this possible, without this the house can't be transferred.

Afaik usually the seller and the buyer would go to the land office together, and get the house transferred in the buyer's name, somehow i doubt that this is possible without the seller being present.

 

To me this looks like that the buyer completed his part of the contract (giving you the money), while you failed to do your part (transferring the house in his name), the house is probably still in your daughter's name. So in case you don't comply with your part of the contract, he might of course take you to court for fraud (rightly so).

 

Currently it looks like you, as well as the buyer, got wrong information by this Thai lawyer and his German friend, but this doesn't mean that you are not liable to fullfil the contract. Maybe they just scammed some money out of you guys.

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