Case for breach of contract to buy and sell condominiums, condominiums
In the case of unfinished construction or delayed The purchaser can claim damages as follows:
1 In case of unfinished construction (Stop building halfway) or not complete the construction within the specified time. The buyer has the right to cancel the contract and request a refund of the down payment with a 7.5% interest per annum from the initial payment date of the reservation.
2 cases of delayed construction caused by the seller or operator The law stipulates that the purchase and sale agreement must specify that the seller must pay a fine to the buyer on a daily basis at the rate of 0.01% of the purchase price. until it is completed and delivered to the customer or can be agreed on a case by case basis
«Meaning of Money»
1 Reservation money is the money paid. before the contract date In order to guarantee that the buyer will come to buy and sell contracts with the seller.
2 Deposit is money paid on the contract date to guarantee that the buyer will comply with the contract to buy and sell.
3 Down payment is money paid in installments. after the contract date in order to pay off some debts before the trading date
Reservations and deposits are money that is given to each other. which looks like a memorandum According to the Civil and Commercial Code, Section 377, unless the contract is written that the money is placed for other benefits. If the buyer breaches the contract and does not pay the remaining debt The seller has the right to forfeit these money as a deposit. According to the Civil and Commercial Code, Section 378
Down payment is not a deposit because it is not a property that the parties have given to each other on the contract date. According to the Civil and Commercial Code, Section 377, but is considered part of the settlement of property only, so if the buyer breaches the contract The seller will not have the right to forfeit this part of the down payment. According to the Supreme Court Judgment 3301/2547, unless in the case of a contract to buy and sell, there is a contract specified otherwise, such as stating in the contract like that. "...if the buyer breaches the contract The seller has the right to forfeit the down payment..." In such a case, the money in this section becomes a "penalty" that the seller has the right to forfeit if the buyer breaches the contract. According to the Civil and Commercial Code, Section 379, but if it is too high, it can be reduced. According to the Civil and Commercial Code, Section 383
Documents for filing a complaint
1 contract to buy and sell the apartment
2 receipts, deposit, reservation, down payment
3 Advertising evidence of the seller such as advertisements, brochures, websites, etc.
4 photos of the condition of the apartment and the building
5 Letter of termination of the contract
6 Company certificate Power of attorney for the seller
7 house registration, identity card, buyer
8 Additional notes attached to the contract (if any)
9 documents confirming the bank's disapproval (if any)
10 Power of Attorney (if any)
jurisdiction
1 File a complaint at the location of the company or place of contract
2 damages not exceeding 300,000 baht, go to the district court, if the damage exceeds 300,000 baht, go to the provincial court
Term: 10 years according to the Civil and Commercial Code, Section 193/30
Area: If missing or overflowing more than 5% of the total area the buyer will refuse Or you can take it and use it for a fractional price. according to the choice according to the Civil and Commercial Code, Section 466
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