Power of Attorney Process During Covid-19

[stiggy23]

Folks - I wanted to know if anyone has heard of Roong Squires Consultant in Udon Thani. I got a recommendation from here as a lawyer. She is conveyancing on my behalf with the transfer of title deed + change of gas/electric + insurance + will. She is in Udon Thani but the property is in Pattaya.
I need to vest the POA onto her for the purpose of the condo transfer. But normally, I think one has to take the paperwork here in UK to the Thai embassy to get it rubber stamped etc. But she said we don't have to do that anymore due to Covid-19. I just need to sign the paperwork and she can do the rest. Has anyone come across this now during Covid-19? Have the laws been changed. 

I just don't know if I can trust her or not as giving away POA is a big thing. Please folks your advise will be welcome. Thank you

[baansgr]

Do you have a friend in Pattaya you can trust, by all means let her do the transfer but with POA to a trusted friend that can accompany her.

[Dogbarker]

Hello  I hope this experience will help you . There is an official  POA form  for doing this with the land office . Aor Chor 21. This is specifically for condos and foreigner. The reverse of this document gives you the way to do it if you are stuck overseas. For example in the uk. I have cut and pasted the reverse of the form and note item 7. I had difficulty in getting to a consulate as they are closed  in the UK and  opted for a Notary public rather than Embassy in London. This has to be an official notary and then if that is sent to Thailand it can then be officially translated. The POA document is only valid for a month.

How do I know ?.. I achieved a sales and transfer of a condo in Bangkok last week and I am currently stuck in the UK. 

 Just signing the form and getting it done in Thailand maybe possible but may not meet the letter of the law....perhaps. .....good luck...

 

 Extract from Aor Chor 21 :

Caution
For Protecting Benefit of Condominium Unit Owner and Relating Person
(1) Completely and clearly fill in details of condominium unit and land location of condominium. 
(2) Clearly identify subject and authority that what is assigned authority such as buying, selling, 
mortgaging, etc. Please identify if there is additional special condition. 
(3) Do not fill in statement with different handwriting and use ink with different color. If using 
typewriter you shall use the same equipment. 
(4) If there is any rasure traces, missing, adding, correcting or crossing out, you shall identify how 
many words was crossed out, missed or added and proxy signs at every traces. 
(5) Proxy must not sign prior to completely and correctly fill in statement according to your intention.
(6) Provide at least 1 witness. If proxy makes a fingerprint, you shall provide 2 witnesses. Witness 
shall sign, witness is unable to make fingerprint. Being witness, if being false witness may cause 
damage to other persons or people. He or she shall receive punishment under Section 137 
of Criminal Code. Therefore, witness should be person who become sui juris. 
(7) Letter of authority which it is made oversea, it should be certified by embassy or consulate or notary public.

[lenyronjohan]

To Dogbarker,

 

Interesting info.

We are stucked in Spain.

we like to sell our condo's.

 

2 questions

 

1. Did you have to send your original property documents and how did you send them.

We just send some registered post from Spain to holland and it NEVER arrived!

 

2. How did you get the money you received from selling your property OUT of Thailand.

 

Best Regards,

 

Ronald

 

 

[Dogbarker]

Hello Ronald. I was fortunate to have documents .  Chanotes.. in my Thai safe for sending ....anything at the moment I would suggest courier so you can keep track of each stage yes it is expensive . KEEP copies of everything. When I sent my Notary document I sent by DHL.

 A few years ago a chanote was lost and my lawyer at the time  gained a duplicate for me ...    Just take care who you get to do your work and POA is important for trust ...

 I am asking my bank to see how to bring the money out . I have had enough issues when I was there in person  with my previous sale. Especially with Bangkok bank. I had to demonstrate money coming in  to show it was legal( great standard chartered had closed .. but I had copies ) . When you sell you have a greenish blue receipt of sale and transfer and tax paid. You need these.when I hear update from my bank I will let you know  .. however  I note that you can use an ATM card to take money out of a foreign exchange. My Thai bank allows 100,000 a day. Cost is 100 baht per withdraw and took me 3 goes in that day to do that. Exchange rate was  at visa or MasterCard rate and not too bad. I withdrew some the other day to pay some bills I needed to pay ... 

FYI  I used an agent I have known for 15 years to do my sale and trust her  as she had done it before  Paid her 1% to do it all . Just got to sell the next one .. 

[lenyronjohan]

Thank you very much!

1 percent is a nice low deal by the way.

We are selling in Pattaya. 3 percent is minimum I guess.

We contact about 15 agents. But now we stpped temporarily because we cannot get in Thailand.

On Thepprasis Road there seems to be a notary who is said to be trustable as a POA.

You suggest to sewnd the originals by DHL...I guess around 200 euros...

We still have oiur bankbooks from around 10 years ago Kasikorn the time that we imported our money to buy the condo's.

100.000 thb is not bad a day. Could ask the bank to raise our limit.

We still have our Kasikorn Bank pass. No internet access by the way.

Would be nice if you keep me informed. At this moment the problem is the trust...towards agents, poa's etc.

 

Ronald

[Dogbarker]

Hi Ronald . The POA needs to be obtained in your country and signed  by the Notary  and you present  at that time  ( Or if course the embassy route is still an option to you ) 

 When you sent money into Thailand you should have had a tor tor 3 issued for the purchase .  You may have a copy some where.  Suggest you  just be sure where and who you get to act on your behalf. It is difficult sometimes to know who to trust.

 The 1% was what I paid the main agent to work on my behalf .. she worked with the actual sales agent and we agreed 2 % for them as they did only a little work.

 Please message direct with any other info .

 Good luck . 

[Kiujunn]

On 12/1/2020 at 8:29 AM, Dogbarker said:

Hello  I hope this experience will help you . There is an official  POA form  for doing this with the land office . Aor Chor 21. This is specifically for condos and foreigner. The reverse of this document gives you the way to do it if you are stuck overseas. For example in the uk. I have cut and pasted the reverse of the form and note item 7. I had difficulty in getting to a consulate as they are closed  in the UK and  opted for a Notary public rather than Embassy in London. This has to be an official notary and then if that is sent to Thailand it can then be officially translated. The POA document is only valid for a month.

How do I know ?.. I achieved a sales and transfer of a condo in Bangkok last week and I am currently stuck in the UK. 

 Just signing the form and getting it done in Thailand maybe possible but may not meet the letter of the law....perhaps. .....good luck...

 

 Extract from Aor Chor 21 :

Caution
For Protecting Benefit of Condominium Unit Owner and Relating Person
(1) Completely and clearly fill in details of condominium unit and land location of condominium. 
(2) Clearly identify subject and authority that what is assigned authority such as buying, selling, 
mortgaging, etc. Please identify if there is additional special condition. 
(3) Do not fill in statement with different handwriting and use ink with different color. If using 
typewriter you shall use the same equipment. 
(4) If there is any rasure traces, missing, adding, correcting or crossing out, you shall identify how 
many words was crossed out, missed or added and proxy signs at every traces. 
(5) Proxy must not sign prior to completely and correctly fill in statement according to your intention.
(6) Provide at least 1 witness. If proxy makes a fingerprint, you shall provide 2 witnesses. Witness 
shall sign, witness is unable to make fingerprint. Being witness, if being false witness may cause 
damage to other persons or people. He or she shall receive punishment under Section 137 
of Criminal Code. Therefore, witness should be person who become sui juris. 
(7) Letter of authority which it is made oversea, it should be certified by embassy or consulate or notary public.

I need to give someone a POA to buy a condo in my name. 

Would that be the same procedure? 

[Dogbarker]

Hello Kuijunn it is a long time since I purchased a condo . For that I used the POA form in the same way .. but  I suggest you ask your representative to check as there was no covid then .. you  at have a local consulate open where you are . . 

 Good luck and take care .

Pat