George Mastronikolis: If the condo is not finished, what should you do?
The Consumer Protection Centre at the Hua Hin municipality is responsible for monitoring and monitoring the behaviour of business operators and for dissemination of knowledge about what consumers can do if the condo is not completed. Legal advice, information and complaints can be managed Consumer Protection Centre.
In choosing a condo that has not been built or is under construction, purchasers need to find out information about the company, the project’s history and past performance before making a decision. The construction period should be noted on the contract to reduce the problem from the risk, if delays occur the purchaser can claim damages from the company under the Condominium Act 2008 as below:
-In the case of unfinished construction, the buyer has the right to terminate the contract and receiving a refund for both the deposit and the down payment together with interest at 7.5 percent per annum starting from the date of commencement of the reservation. -In cases where the condo is delayed by the seller, that the seller must pay a penalty to the buyer on a daily basis, the rate is 0.01% of the price until the condo is completed and delivered to the buyer completed or as agreed.
For termination of contract and buyer can get refunded if the project is does not follow the contract agreement by not finishing construction or the project owners cannot transfer their ownership to the buyer. The buyer can cancel the contract immediately by reference to evidence and documents and contacting the sales office to inform them of the contract cancellation and requesting a refund.
In the event of a delay in claiming a penalty, the following steps should be undertaken:
1. Provide a letter of intent to request a fine as in the contract, filed to the seller and clearly specify how to pay the fine.
2. The letter needs to be addressed to the authorised directors of the Company and posted to the address specified in the contract and must be registered.
3. Wait for a response from the company to pay the penalty as requested in the letter and verify that the return letter clearly states the amount, form, payment date and payout date. If the seller refuses to pay the fine or pay not in accordance with the claim, the buyer should make an additional letter and return it with the previous letter to confirm the demand. If the company still refuses to pay a complaint should be filed to the Consumer Protection Centre.
4. After the condo is completed, ready to transfer and move in, the buyer should not sign to receive the room until the complaint is satisfied and before the lawsuit is completed.