Anyone know a good lawyer for property advice?

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magsandbilly
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Anyone know a good lawyer for property advice?

Post by magsandbilly »

Hi there

After reading the links about the recent ruling re: 30 year leases may not be "legal"
Anyone recommend a good lawyer we can talk to that will give us "sound" advice?

Thanks
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JamesWest
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Re: Anyone know a good lawyer for property advice?

Post by JamesWest »

magsandbilly wrote:Hi there

After reading the links about the recent ruling re: 30 year leases may not be "legal"
Anyone recommend a good lawyer we can talk to that will give us "sound" advice?

Thanks
that link is about 90 year leases.

90 year leases were never legal...

30 year lease are legal...

you own the house, not the land

sounds like a good idea, right?
I really like this forum because there are no personal attacks. All the members contribute in a positive way to my posts.
magsandbilly
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Re: Anyone know a good lawyer for property advice?

Post by magsandbilly »

It seems that NO lease is legal? As we cannot "own" a house either, if the reading of all the replies are correct.
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Post by hhinner »

You can lease land and house together. Farang can also own a house if they're the one that has it built and the approvals are in their name. But who really wants to do that on a mere 30 year lease? I guess the land owner's permission would also be required. Farang with Thai wife should be able to own a house - wife has land, husband has house. Only my
opinion not necessarily fact.
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malcolminthemiddle
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Re: Anyone know a good lawyer for property advice?

Post by malcolminthemiddle »

magsandbilly wrote:It seems that NO lease is legal? As we cannot "own" a house either, if the reading of all the replies are correct.
The subject matter of the original topic here http://huahinforum.com/viewtopic.php?f=20&t=29408 is not lease agreements per se but the attempt to guarantee extensions to the maximum registered term allowed by Thai Law which is 30 years, with so a called "secure lease".

Most of the replies to the original topic missed or confused this point.

As far as I'm aware there has been no recent change in Thai Law associated with lease agreements.
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Re: Anyone know a good lawyer for property advice?

Post by HHTel »

You can lease a property/land for 30 years. This is a binding contract and is legal. It is not legal to guarantee 'renewals' of 30 years. In the case of a farang, a 30 year lease cannot be extended/renewed. Any lease agreement that states this is in itself illegal and so makes the original 30 ye3ar lease null and void.

A private and separate contract can be made to lease the property for 30 years from date xx/xx/xxxx. This has nothing to do with the original lease and is a contract to open a new lease.

If the reason for the lease is to protect a farang married to a Thai, then there are better options. e.g. usufruct which is a very powerful document.

If the OP wants to know more, please p.m. me. I know a lot about this subject and can give advice and point to a good legal rep.
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Re: Anyone know a good lawyer for property advice?

Post by Jack Sprat »

I would recommend 'Jane' (English lady) from 'Chavalit & Partners' if you need confirmation on this matter.
She is the only person I know and would trust on issues such as this.
magsandbilly
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Re: Anyone know a good lawyer for property advice?

Post by magsandbilly »

Thanks Jack

Will get in touch with her.
heartofmidlothian
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Re: Anyone know a good lawyer for property advice?

Post by heartofmidlothian »

Chavalit and Partners are fine for legal advice. Jane does work with a Thai lawyer.
For anyone who is thinking of buying a property, be very careful and cautious and spend the money on legal help. Going to court here in Thailand is verging on futile and would be a horrible way to spend the start of your retirement. If you ask any farangs that have been here for many years, they will tell you about all the horror stories. Do your homework !!
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Re: Anyone know a good lawyer for property advice?

Post by HHTel »

The problem with talking to a foreign lawyer in Thailand is that although it gets over the language barrier, they can only give advice. They cannot act for you as they are not lawyers. If possible it's better to find a Thai lawyer with a good command of English. They do exist.
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JamesWest
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Re: Anyone know a good lawyer for property advice?

Post by JamesWest »

and for gods sake don't use any lawyer recommended by your real estate agent or anyone who might somehow be "in on it".
I really like this forum because there are no personal attacks. All the members contribute in a positive way to my posts.
magsandbilly
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Re: Anyone know a good lawyer for property advice?

Post by magsandbilly »

Hi all

Thanks for this. Met with Jane and got good info/insight to Hua Hin.
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Ratsima
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Re: Anyone know a good lawyer for property advice?

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Image

I apologize in advance if this post violates the rules.
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Ratsima
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Re: Anyone know a good lawyer for property advice?

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How silly and annoying.

Please delete my account.
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Re: Anyone know a good lawyer for property advice?

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I recently added a post to a thread entitled "Anyone know a good lawyer for property advice?”

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