Agents and Clients - Pattaya People Radio

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LEGAL
PATTAYA PEOPLE WEEKLY ISSUE 354 |
SATURDAY 11TH TO SATURDAY 18TH AUGUST 2012
Agents and Clients
Khun Somsak Chopaka
Siam Firm Inter Laws was
established by Khun Somsak
Chopaka an Attorney at Law
with 30 years of working
experience in domestic and
international law, for individuals
both foreign and local, domestic
entities and in-house legal
counsel for numerous
established international
companies. Khun Somsak will be
giving legal advice about the
ever changing situation in
regards to Thai Law and
keeping readers up to date with
the constant changing business
and social environment here in
Thailand.
Quite recently I had been given
a case about a dispute
regarding the sale of a
condominium unit owned by a
foreigner. The owner, who had
just returned from overseas, on
getting news that there was a
prospective buyer was not
happy with the deal as money
had already changed hands
without his approval. Also he
had not met anyone at all face
to face and did not have all the
details of the case. Having been
in contact with his assistant and
the juristic person at the condo
he had seen a copy of the sales
contract and had some idea
about the details of the
agreement to be made.
But he had constantly stressed
that he wanted a certain
amount net after deducting
taxes and fees to take home
with him as he was planning to
leave the country. What he did
not know was that secretly his
assistant was the one making
the deal to sell the
condominium; he had gotten in
contact with an agent who
found another foreign client
who was interested. Usually in
the case of property sale and
purchase an agent’s commission
is usually around 3 – 4% but as
the secretary was the one
negotiating the deal without the
knowledge of the owner he
wanted his own commission of
3%.
After being pressured to quickly
agree to the deal by his
assistant the owner signed the
contract documents and then
sent them back, the assistant
used these to confirm the
owner’s compliance and set the
deal in motion. What the owner
later discovered was that there
would be specific business tax
and income tax which would
need to be paid to the amount
of around one million Thai baht
that wasn’t included in the deal.
The buyer then transferred the
deposit amount which was split
in three between the agent,
assistant and the owner. Not
knowing who had taken his
money or why the owner
stopped the deal and wanted
to know what was going on.
After returning to the Kingdom
of Thailand a meeting was setup
and all parties were asked to
attend except for the buyer as
he was not in the country at
the time. The agent who did
not know why the deal was
stopped and what was going
on was made to look like the
wrong party who had stolen the
money transferred from the
buyer, but this was not the
case. The agent was an
innocent party and only took
money which was rightfully
theirs as it was commission from
the sale. When we were asked
to explain the details to them
and fill them in we discovered
that the secretary was the one
in the wrong, he had no right
to anything from the deal and
from the emails there was
incriminating evidence against
found against him.
Using this news the assistant
was asked to return the money
or charges would be pressed
against him both by the buyer
and the seller. The owner then
made a new agreement with the
agent and the buyer excluding
the assistant and using his
share to pay for the
outstanding tax before the
transfer could be complete.
Whenever you want to make
an agreement with anyone you
should always keep evidence,
sometimes emails, contracts or
various other proof which can
help tie the other party to
comply with their end of the
bargain. By protecting yourself
you will make sure that you will
not lose a lot of time and money
at the end of the story like the
one from this case. If you have
any questions of queries feel
free to contact us.
By Somsak Chopaka of Siam
Firm Inter Laws
English Hotline: 081 808 9175,
081 278 4060
Pattaya Office: +66 (0) 38 906
721-3
Bangkok Office: + 66 (0) 2 260
3025 – 7
Hua Hin Office: +66 (0) 32 531
508
[email protected]
For more information see
www.siamfirm.co.th
ANNIVERSAIRES A L’ ORPHELINAT
LUNDI 30 JUILLET 2012
Une grande fête d’anniversaire
a été organisée à l Orphelinat
de Pattayapour les enfants et
les membres du personnel nés
pendant les mois de Juin et
Juillet.
La fête a été très réussie , elle a
débutée par un discours du Père
Weera , Directeur de l Orphelinat
.Les enfants ont apprécié le gros
gâteau et les nombreux cadeaux
Ce fut un grand moment de vie
commune et partage du repas
entre tous, et aussi l’ occasion
pour tous les « Volontaires » de l
Orphelinat de se rencontrer , de
mieux se connaître et de
partager leur expérience auprès
de leurs ainés.
Notamment Monsieur Gilbert
Pelissier qui travaille à l
Orphelinat depuis de n
ombreuses années
Nous remercions également
Khun AH qui assure (entre autres
taches) un travail de liaison
indispensable entre nous , et
nous a permis d être présents à
cette grande fête.
Ms. Siriphen Limsirikul (Ah)
Assistant Director, International
Relations
Pattaya Orphanage / Children’s
Home Foundation Pattaya
Box 300 Pattaya City Post
Office, Chonburi 20260
Thailand