Case for breach of contract to buy and sell condominiums, condominiums

 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

ข้อมูลเพิ่มเติมเกี่ยวกับข้อความต้นฉบับนี้ต้องระบุข้อความต้นฉบับเพื่อดูข้อมูลเพิ่มเติมเกี่ยวกับคำแปล

ส่งความคิดเห็น

แผงด้านข้าง

construction contract It is a contract of employment means a reciprocal contract in which the contractor agrees to do something for the employer until it is completed.

construction contract It is a contract of employment means a reciprocal contract in which the contractor agrees to do something for the employer until it is completed. and the employer agrees to pay for the success

 In the event that the contractor requests wages

1 In the event that the employment has not been completed The employer may terminate the contract. but must pay compensation to the contractor

2 The exercise of the right to demand that the employer pay this wage assumed that the contractor is a trader Therefore, the claim must be used within 2 years from the date of delivery of the last installment according to the Civil and Commercial Code, Section 193/34 (1).

3 If there is a dispute between the private sector and the government agency regarding the construction contract which is considered a utility It is a dispute about an administrative contract. The contractor must file a lawsuit with the Administrative Court.

4 in the work insurance section The contractor can claim within the age of 10 years from the end of the insurance period.

 

In the event that the employer requests due to work defects

1 If the contract does not specify otherwise The contractor is responsible for defects that appear within 1 year from the date of delivery. or appearing within 5 years if the act is a building attached to the ground Besides wooden houses unless the contractor conceals the defect

2 However, the employer must sue within 1 year from the date the damage appears.

3 If the building contractor delivers the defective building The employer likes to withhold wages until the contractor corrects the defect for good and completes. unless the contractor provides reasonable insurance but if the defect does not appear The employer must pay the wages in this section to the contractor. If the retention is delayed, it can be regarded as default on payment. and must be liable to pay debts with interest at a rate of 7.5 percent per annum from the date of default

The lawsuit filed for the withdrawal of the grant.

 The lawsuit filed for the withdrawal of the grant.

Giving is a contract whereby the giver transfers his or her property affectionately to the recipient. and the recipient accepts the property which cannot be withdrawn except for the reason of the ungrateful

 

Integrity : Only when "hand over the property"

» Real estate such as land, houses, condominiums or commercial buildings must be made in writing and registered with the competent official.

» empty handed land complete with delivery because it is considered that the giver has renounced his intent to occupy the land

» Dedicating land to the public domain of the land, for example, a public way or land for building a temple would immediately fall to the land according to the intention of the donor without the need to register with the competent official

 

Term: The giver must have not forgiven the recipient for such ungrateful conduct. and must sue to withdraw within 6 months from the date of acknowledgment of the ungrateful behavior, but not later than 10 years after the ungrateful behavior

 

Giving that unable to sue for revocation of giving Because of ungratefulness include:

1 When the giver has forgiven the recipient for his ungrateful behavior

2 When the giver dies without prosecution Heirs cannot sue themselves.

3 As a real gratuity (reward work)

4 Give something of a burdensome value.

5 given by duty and ethics according to moral duty

6 give in marriage

7 When the time has passed, six months have passed since the fact of being ungrateful. but not later than 10 years from the date that such ungratefulness occurs

 

Court fee: 2 percent of the amount of funds (appraisal price)

Criteria for debtors that may be filed for bankruptcy

 Criteria for debtors that may be filed for bankruptcy

In the case of general creditors It complies with the rules in section 9, namely:

1 The debtor is insolvent.

2 If a natural person must have debt amount of not less than 1,000,000 baht, while a juristic person must have debt amount of not less than 2,000,000 baht, whether one creditor or multiple creditors.

3 Must be a certain amount of debt whether the debt is due immediately or in the future

 

In the event that the creditor is insured in accordance with the rules in the section 10 (subject to Article 9) are:

1 is not a forbidden person shall not enforce the payment of debts to the debtor's property in excess of the assets used as collateral; and

2 said in the lawsuit that If the debtor is bankrupt Will give up collateral for the benefit of all creditors or appraisal of the collateral in the lawsuit, which when deducted with the amount of their debt The money is still lacking for the debtor who is a natural person in the amount of not less than 1,000,000 baht or a debtor who is a juristic person in the amount of not less than 2,000,000 baht.

 

Filing a petition for bankruptcy

1 File a complaint with the Central Bankruptcy Court

2 While the Regional Bankruptcy Court has not yet opened for business in any locality shall be filed with the provincial court where the debtor is domiciled within the jurisdiction or operates business in that jurisdiction.

 

Court fees : The plaintiff must deposit a deposit of 5,000 baht for court expenses.

 

litigation process After the court accepts the complaint for consideration

1 The court must consider the fact that Does the debtor qualify for the bankruptcy lawsuit?

» If you see that it's complete The court will have absolute receivership of the debtor.

» If the qualifications are not complete, or the debtor can attest that the debtor may be able to pay all debts or there are other reasons that the debtor should not be bankrupt The court will immediately dismiss the case (Section 14).

2 During the consideration of the creditor's complaint and before the court has issued an absolute receivership order, the debtor may have unreliable behavior in moving the property. The creditor has the right to submit an application unilaterally. by making a request for temporary receivership of the debtor which the court will make an immediate inquiry When the case is deemed to have grounds, there will be a temporary receivership order. This approach can mitigate creditors' damage to some extent.

3 When the court has issued an absolute receivership order The Receiver will take care and control the business or property. or rights on behalf of the debtor immediately Including civil litigation, litigation, defense, compromise on the debtor's assets as well. The debtor must deliver the property Documents relating to the debtor's property and business to the Receiver and must provide truthful information as well, otherwise subject to criminal fines or imprisonment or both. Up to the discretion of the court

4 Other creditors may request for repayment. In the bankruptcy case together with the announcement of the absolute receivership order which the court will have a time limit.

5 The Receiver will consider the debt repayment applications of the creditors to determine whether Who has the right to average the debt repayment from the debtor's property according to the law. Then the first meeting of creditors was called. To discuss whether the debtor should accept the debtor's request (in case the debtor submits a request for debt reconciliation) or should the court adjudicate the debtor bankruptcy including how to manage assets

6 The court will investigate the debtor. by disclosing to know the financial position The reason for insolvency behavior. Then there is a consideration of the debtor's request for debt reconciliation according to the official receiver's report with the opinion of the meeting of creditors whether they should agree to the compromise or not.

7 after the court has approved the compromise which the meeting of creditors has accepted will begin the process of managing the property according to the agreement immediately If the debtor refuses to pay the debt as agreed in the compromise or delays without reasonable grounds or has fraudulent intent The Receiver reports or any creditor would have a request made as a petition, the court has the power to cancel the compromise and sentence the debtor to bankruptcy as well

 

In the following cases, the court has to adjudge the debtor bankruptcy (Section 61):

1 The creditors vote at the first or the next creditor's meeting. Ask the court to judge the debtor bankruptcy.

2 Not voting

3 There are no creditors to the meeting.

4 Compounding is not approved.

in either case The Court shall adjudicate the debtor's bankruptcy and the Receiver shall have the power to manage the debtor's property to divide among the creditors. It shall be deemed that the debtor's bankruptcy commences from the date of the court's receivership order after the bankruptcy.

 

Debtor's Practice Guidelines

1 The debtor must ask the official to determine the pension and if there is any future income. must be delivered to the Receiver to be averaged back to creditors

2 The management of the debtor's property must be authorized by the Receiver first.

3 The debtor cannot go out of the Kingdom. unless the court or the Receiver grants permission in writing. Even the relocation must be notified.

 

How to get out of bankruptcy

1 The reconciliation is approved and the agreement is fully complied with.

2. The court canceled the bankruptcy. When there are grounds under Section 135, for example, the debt has been paid in full. or after the last division of property or no property will be divided After that, within 10 years, the property could not be collected again. and no creditors ask to collect the bankrupt's assets again or the creditor does not cooperate with the Receiver, etc.

3 The court has issued an order to discharge from bankruptcy.

4 The debtor is discharged from bankruptcy after 3 years from the date of the court adjudication of bankruptcy for a natural person. and the debt which is the cause for filing for bankruptcy is not corrupt

 

Collection of popular questions

1 When the court has issued an absolute receivership order against the debtor, if the debtor

Loan - Guarantee - Received Debt

 Loan - Guarantee - Received Debt

Borrowing money is a borrowing contract whereby a person called a “borrower” borrows a certain amount from another person called a “lender” and the borrower agrees to repay the money within the agreed timeframe. The borrower agrees to pay interest to the lender at the agreed rate. The loan is valid upon handover to the borrower. and have evidence of borrowing money

    However, when borrowing from 2,000 baht or more, there must be written evidence showing that the loan was actually borrowed. and how much money have been borrowed which must be signed by the borrower is important If the loan is not made in writing Lenders can't file a lawsuit against each other. According to the Civil and Commercial Code, Section 653

 

Guarantee is a contract which one person calls The "guarantor" promises to pay the debt to the creditor. If the debtor refuses to pay the debt

 

Proof of Loan - Guarantee

    Proof of borrowing must be in writing. which signed the borrower's name There must be significant to see that the loan is sufficient. The law does not force the lender to sign. If the borrower is unable to write the book, the book must be fingerprinted. with 2 witnesses signed to certify

    Proof of guarantee must be in writing. which is signed by the guarantor In the event that the guarantor prints fingerprints Two witnesses are required to certify.

example

"I'm Mr. Yodsoo. got a loan from Hia Lam Sam In the amount of 100,000 baht, I promise to return the said amount within April 1, 2012, signed by Mr. Yodsu, the borrower."

The document stating that the money has been received without specifying that it is a debt or has to be refunded It is not evidence of borrowing money.

without having to do or have it at the time of borrowing but at the latest must do and exist while filing a petition requesting for enforcement of loan repayment According to the Supreme Court Judgment 2161/2541, for example, the loan contract, daily record debt receivable letter letter to use back receipt, etc.

 

interest rate

    Borrowing money according to the law stipulates that Lenders cannot claim interest more than 15 percent per year or 1.25 percent per month. If the interest rate exceeds the rate Interest will be null and void, which is not a waste of money. Payment of debt must be deducted from the principal first. will not be able to deduct interest because creditors have no right to receive interest before default According to the Supreme Court's verdict No. 231/2017, the lender can only claim the principal.

    In addition, lenders may face prison sentences for criminal offenses for raising interest rates in excess of 2017 Section 4, which carries a maximum prison term of two years or a fine of not more than 200,000 baht, or both. or the charge of perjury in an important case in Section 177 paragraph 1, which carries a prison term of not more than 5 years

 

Term of filing for accrued interest : The term is only 5 years.

 

agreeing to charge interest over interest (overdue less than 1 year)

    Borrowing parties will agree that the interest is compounded with the principal. then to charge interest in the amount that can be compounded together But the agreement must be made in writing. According to the Civil and Commercial Code, Section 655, first paragraph

 

accepting debt

is that the debtor admits that he is actually indebted to the creditor which represents the unilateral intent of the debtor This will result in the interruption of the lifespan.

Can occur in many ways, such as legal contracts, torts, windfall should be able to make a letter of debt

how to get debt such as making a book pay off some debt, pay interest, provide bail, or anything else that shows that you are a debt

Receipt of debt does not need to be signed by the creditor. or a witness The law only requires that the debtor's signature must be signed.

Receipt of the debt must be done before the original debt expires, which results in the interruption of the age.

The age of lawsuit is 10 years.

A will is a declaration of intent to determine the death benefit in regard to property.

 A will is a declaration of intent to determine the death benefit in regard to property. or in various acts which will be made effective according to the law upon his death, therefore, the will is the matter where the trustee wishes to give his property to anyone.

 

A simple will, having rules and requirements as provided by law. which should be performed as follows: *Very important*

1 Do it yourself and must be 15 years of age.

2 Not Being Incompetent or a person of unsound mind by court order but in the case of a person who has been ordered by the court to be a quasi-incompetent person be able to make a will without the consent of the guardian

3 Has not been intimidated, misled, or defrauded

4 Authors, publishers or witnesses in a will including spouse will not be a receiver of the property according to the will

5 printed wills You can sign your name or type your finger. But you can't use a stamp or curry paste.

6 Must be a letter dated / month / year while making a will If not signed is void.

7. The testator must sign his name in the presence of at least two witnesses at the same time.

8 Two witnesses must certify the signature of the testator at that time.

9 Scratching, deleting, dropping, adding or making any other alterations which the will is incomplete. As a result, only the omitted text is incomplete. Other parts are compulsory.

10, the author of the text of the will Must sign their names both identified as the author If a witness Write a statement stating that they are witnesses at the end of their signature.

 

Qualifications of witnesses in a will

1 has reached the age of majority

2 Not an insane person or a virtual incompetent person

3 Not being deaf, dumb, or blind on both sides.

4 Witnesses must sign only. You can print your finger or go to curry. or cannot use the stamp

 

For example, property that is "non-inherited" because it is the property that arises "after" the death of the deceased.

» funeral money

» Compensation

» Right to receive from life insurance money

» The right to withdraw the loan according to the amount of the overdraft loan agreement with the bank

» Special Pension under the Government Pension Act 1951

 

note

    If the legatee dies before the testator Wills will fall and property devolved to statutory heirs according to the Civil and Commercial Code, Sections 1698 (1) and 1699

 

In the event that a will is void

» A will made by a person under 15 years of age

» A will made contrary to the provisions of the Civil and Commercial Code, that is, does not follow the form

» appointing a legate, provided that let the legatee dispose of his own property by a will to the testator or a person outside the stipulations

» testament which defines a person who is not known for sure as a legatee

» A will that clearly identifies the beneficated property and cannot be known for certain. or let any person determine more or less according to his heart

» A will made by an incompetent person ordered by the court but if made by someone who is claimed to be insane which the court has not ordered to be incompetent A will is wasted only if it is proven to be made in a time of insanity.

 

Attachment/Attachment for writing a will

1 house registration, identity card of the maker

2 House registration, the recipient's identity card

3 ID cards of 2 witnesses

4 Property documents such as land title deeds, condominium ownership certificates bank passbook car registration Firearm registration, etc.

5 Important documents showing change of name-surname (if any)

credit card case Personal Loan O/D Loan

 credit card case Personal Loan O/D Loan

    Credit card is a loan service. which is the money that the bank or service company has been issued advance payment and bill later by charging a service fee or annual fee from the member For litigation, there are many in court.

• The lawsuit against the domicile (according to the house registration) of the credit card user.

 

   by credit card debt case There is no need to ask for or terminate the contract first. The plaintiff can force the defendant to pay all such debts immediately, so credit card cases in general. When the creditor has notified the debtor's repayment schedule. When due, the debtor does not pay. The prescription will begin counting immediately on the next day, unless it is the case that the age interruption stops under Section 193/14 of the Civil and Commercial Code, such as the debtor making a letter of debt. or pay some debt, etc.

 

«Age of knowledge»

1 General credit cards are valid for 2 years starting from the last payment default, that is, the due date on the invoice.

2 Personal loan debts have a term of 5 years starting from the last payment default. (Loan agreement with repayment of principal and interest in installments)

3 Overdraft line (OD) debt or current account contract has a term of 10 years from the termination of the deduction. (Date of stopping account operations – withdrawing money)

 

    Most debtors understand that When the debt has expired If the creditor can't sue, it ends, or if sued, the court probably won't accept the lawsuit. due to expired But the fact that even the debt has expired But the creditor can file a lawsuit.

    In order for the court to bring up the matter the expiration of the statute of limitations The debtor must submit a statement of defense in respect of the termination of the lawsuit. up to be an argument in court which the court will consider checking the facts and if it is true as the debtor submits a testimony The court will have a judgment "dismissal" under Section 193/29, which states that "When the age limit is not raised as a defense The court cannot claim age as a ground for dismissal."

 

The fight that the plaintiff's case expired. The defendant must clearly testify under Section 177 of Civil Procedure Code as follows:

1 Lack of knowledge about what?

2 When is the expiration date?

3 Why?

 

Notice

    Traded debt and transfer of claims between the bank and the bad debt management company Most of them are all debts that have expired.