When many real estate developer fail to perform as promised or perform some other activities without letting us know before agree to buy. As a buyer, what are our rights to claim for? TerraBKK has gathered 5 steps legal resolution when a breach of contract has occurred below; For the rule of thumb, consider what are the rights on the sales contract provided?

1. Alteration of the buildings without the consent construction, alteration, removal or moving of building without the consent shall be liable to

  • The official authorize an order to the owner, employee or subordinator to hold on such activity, if the activity can be corrective, then, an order made to the owner of the building to file the application for a consent or make any correction within the time define but shall not less than 30 days. In the even that cannot make any correction or the building owner won’t perform any correction in accordance with the local official’s order, an order is made to revoke a whole or part of the building within the time defined or not less than 30 days.
  • A person commits the offence will be imprisonment for a term not exceeding three months or to a fine not exceeding sixty-thousand baht or both imprisonment and fine and shall be punished to a fine ten thousand baht daily in respect of continuing contravention or until performing compliance to the requirement.
  • Where the contravention occur, the owner or occupier or administer of the building (in case of the body corporate) shall be presumed to contravene except unless proves that the contravention was committed by others.
  • Where an offence under the building control laws has been committed by a body corporate, every director or manager of the body corporate shall be presumed, jointly committed the offence, except unless proves that the offence was committed without the connivance and consent. The owner or occupier of the nearby land or building or adjacent to the building where the offence was committed or persons who live nearby or make use of land or building who have been caused by prescribed offence shall be presumed to be legitimate injury.
Moreover, the building control laws also define to have a commissioner of comparative case in Bangkok and provinces in order to administrate the offence caused by construction, alteration, moving of building without consent. If the investigator suspects the said offences were committed and the offender admitted to fine, the investigator shall file the case to the commissioner of comparative case within 7 days. If the commissioner of comparative case makes a decision that the alleged offender shall not be proceeded to file a complaint or conviction to imprisonment, then a fine amount shall be imposed. If the alleged offender admitted to and paying fine amount within 30 days, the case presumes to be settled. Legal proceedings shall be performed thereafter if the alleged offender declines to fine.

2. If the developer does not comply with the plan advertised, the seller shall entitle to terminate the contract or file a complaint at the office of Consumer Protection Board.

3. What should be considered when the construction delays? what are the rights of the buyer provided on the contract? Some of the contracts provide a right to cancel the contract or claim for damages or both cancellation of contract and damages claims.

4. A Deposit was made but no sign of construction. If the seller is unable to execute the project, the only way to recover is to claim for the money paid with interest but the transfer of ownership is unenforceable as there is no provision define the developer to execute in return on the reservation contract.

5. What should be considered when the quality of a house does not comply with the standard? What are the rights of the buyer provided on the contract?

Remarks: whenever the covenant has been made into the contract form. The parties must comply with the contract. Only the fairness of the provision on the contract is controlled by the legal aspect roles. If any of the provision is unfair, therefore it will be reinstate in as prescribed law. บทความโดย : เทอร์ร่า บีเคเค Help You Find The Right Property TerraBkk ค้นหาบ้านดี คุ้มค่า ราคาถูก