Stay alert to the following legal disputes in purchasing houses
and conduct real estate transfer
1. House payment disputes
|2. House purchasing contract dispute||3. House payment frauds|
After paying the down payment, sometimes the buyer does not want to buy the house. In this circumstance, how to recover the down payment for the buyer according the law is very
Before signing the contract, the problems in the contract terms, the unclear liability for breach of contract and the delay of delivery were unfound. All these result in following-up disputes.
The intermediary carries on the false propaganda, and commit fraud through selling the house, and then takes away all the money. If the intermediary company that he works for shirks the responsibility, the buyer will lose a large sum of money.
|3. House quality disputes|
4. remittance dispute during real estate
|5. Disputes over property ownership certificate and inheritance right|
The actual delivery standard is inconsistent with the advertisement before the purchase, which is against the contract. Or the new house has problems in quality, which damages the buyer's rights and interests.
Overseas remittance certificate is an important document of real estate transfer. If the remittance bank certificate is not recognized by the real estate developer, buyers will be asked to conduct the second remittance, otherwise the house will not be transferred to the buyer’s name. This is possible capital risk for the buyer.
If the holder of the house dies, how can relatives in abroad inherit the house in Thailand and get the house property card legally? If householder has Thai wife (husband) during his or her second marriage, does the non-Thai children enjoy the inheritance right? The above unequal property inheritance distribution problems will often give rise to litigation cases.
|6. Real estate disputes over land, factories, villas, etc.||7. Lawsuits on rent dispute||8. Lawsuits on guesthouse disputes|
According to the laws of Thailand, there are limitations for non-Thai residents to purchase land. If the land sales contract is not comprehensive or buyers are not familiar with the transfer process, potential problems might cannot be discovered, and disputes are easily caused later.
Disputes might occur in cases when the landlord or intermediary forces the transaction, suddenly raise the rent when the lease is renewed, or refuse to refund the deposit, or breach of the lease contract, or trying to ask for compensation when the tenant moves away.
Disputes might occur when the guesthouse has no legal identity, or there are problems such as disturbing neighborhood, public security and fire hazards.
We provide reliable services
For the upcoming transfer of real estate and other affairs, Mandarin can provide a full set of transfer risk prevention plans to reduce the occurrence of disputes afterwards.
1. Provide professional legal consulting and one-stop solution plan for real estate ownership transfer;
2. Investigate into compliance and qualifications of the land and housing to avoid ownership transfer traps;
3. Assist clients in preparing ownership transfer documents, drafting the housing purchase contract and safeguarding clients’ legal rights and interests in terms of detail;
4. MDR real estate lawyers will accompany clients to handle the complex set of real estate ownership transfer procedures, and supervise the real estate developer and agency as the third party to prevent clients from falling into the developer’s traps.
For the real estate disputes that have already been generated, we can use legal means to have them solved and safeguard the rights and interests of the clients through legal means.
1. Mandarin lawyers could provide consultation services for real estate disputes, analyze the adverse factors case by case, and avoid further development of the dispute.
2. Mandarin’s real estate lawyers can assist the client to negotiate and mediate with the other side for a common agreement.
3. If the mediation can’t be achieved, clients can refer to the court ruling. If you want to keep the case confidential, arbitration can be resorted, and Mandarin can help to collect favorable evidence, draft documents, and seek the maximum of rights and interests for our clients.
4. If it is a serious case of property dispute, Mandarin can help to prepare legal documents, file a lawsuit and defend in court.
|Thai Real Estate Ownership Transfer||Thai House Transaction||Thai Elite Visa|
Asset Requirement: ≥600,000 RMB
Advantages: Whole-process safeguard to ensure legal ownership transfer of lands, apartments, warehouses, etc.
Asset Requirement: ≥600,000 RMB
Advantages: Cheap housing price, permanent property right, low taxes for fully-furnished housing, convenient and free transaction.
Asset Requirement: 100,000 RMB to 400,000 RMB
Advantages: Acquire opportunities to stay in Thailand for as long as 20 years. Freely enter Thailand without restrictions of the length of stay. Enjoy multiple VIP privileges.
Thai Bank Account Opening
Thai Individual Tax Number
Thai Retirement Visa
Asset Requirement: 55,000 RMB
Advantages: No control of foreign exchange, free allocation of funds, protection of assets and financial account information, and no need of feedback and collection.
Asset Requirement: 100,000 RMB
Advantages: Free transfer of tax residents’ identity. Full planning of assets and avoidance of CRS.
Asset Requirement: 160,000 RMB
Advantages: Spend retirement in Thailand. Enjoy welfare, low living expenses, and high-end medical care at a reasonable price in Thailand.
Advantages of Thai Elite Visa:
1. Low threshold, no requirement of fund sources, visa specially approved by the government. Recently, the Thai military has seriously cracked down on illegals in Thailand, so the Thai Elite Visa holders are absolutely out of the blacklist.
2. The Thai Special Visit offers the Dependent Visa handling service at a special offer. The handling charge is lower for direct relatives’ application and the direct relatives with the Dependent Visa are also entitled to the VIP services.
3. Get the residence right to live in Thailand for 20 years. Enjoy the permission to enter Thailand many times without residence requirements. Enjoy VIP privileges.
Advantages of MDR:
Assist clients in opening bank accounts in the designated bank—Bangkok Bank—free of charge once;
Have office in Bangkok for client reception and face-to-face talk in the head office;
Designate lawyers to increase the successful approval rate for Thai Elite Visa—a symbol of social status.
Airport VIP Channel
Free Airport Transportation Service
Enjoy the VIP channel to check in and check out of international airports in Thailand without limitation. Have specialists accompany your handling of entry and exit procedures.
Enjoy a good rest in the airport VIP lounge without limitation and the free specialist transportation service many times to ensure clients’ safe arrival at the destination.
Free golf courses, SPA stores, and health examination centers as well as exclusive discounts offered by more than 200 shopping malls, hotels and restaurants.
Multilingual Customer Service Center for Members, and Service Assistance of Government Departments.
Advantages of Thai Bank Account Opening:
1. Asset protection: There is no need to gain feedback of or collect Thai financial account information;
2. No foreign exchange control: Thailand has an independent financial market management system. The local bank can provide more convenient services for clients without foreign exchange control, and the funds can be freely allocated;
3. Thailand has not yet joined the CRS. Therefore, the application process requires no filling-in of individual tax-payment information or handling of the tax number.
Advantages of MDR：
To open the bank account in Thailand requires the housing lease contract, but MDR can still successfully open bank accounts for clients even if they do not have such contracts.
Thai banks have set a high threshold for bank account opening of non-Thais, and the one-year work visa is required to apply for one bank account. MDR has established a close connection with large-scale domestic and foreign banks in Thailand. No work visa is required, and MDR can send specialists to accompany clients in opening bank accounts. Bank of Ayudhya and United Overseas Bank are recommended.
After successful bank account opening, MDR will provide consulting services to facilitate clients’ bank account opening, transfer and avoidance of CRS.
Advantages of Thai Individual Tax Number:
1. Advantages of Thai Individual Tax Number: Transfer of the tax resident’s identity. If you apply for the Thai individual tax number, you should directly provide your Thai individual tax number and contact information (address + phone number) while filling in the bank account application form in other countries. The system can recognize your identity as the Thai tax resident.
2. Avoidance of CRS: Thai has not signed the CRS, thus not requiring feedback or collection of account information. CRS makes individual assets fully transparent in countries they have joined. If you want to hide assets, you can transfer your tax resident’s identity to a country not joining the CRS for an all-around transfer of your assets. In Thailand, your assets will not be collected, classified, required of feedback, or disclosed to any country.
3. Easier overseas bank account opening: With your Thai visa, address, tax number and phone number, you can successfully open your bank account in other countries.
Recommendation: Apply for Thai Individual Tax Number together with Thai Elite Visa
Thai Individual Tax Number requires the visa to have a valid period of at least 90 days. (These visas include the retirement visa, Elite Visa and work visa. MDR recommends Thai Elite Visa for the VIPs can be allowed to live in Thailand for 20 years the longest. Besides, it is a symbol of your prestigious social status and enables you to freely enter and leave Thailand for better asset allocation.)
Advantages of MDR：
MDR provides the Thai Individual Tax Number consulting services, issue the asset and tax plans, guide how to use the tax number and avoid the CRS to make overseas asset planning in accordance with law.
Advantages of Thai Retirement Visa:
1. Gain the right to live in Thailand for a long time. Government support, simplified application conditions, a high passing rate, and enjoyment of a series of welfares in Thailand;
2. Thailand has a favorable climate and it is a popular destination for retirement. In Thailand, you can also have access to the internationally leading medical care at a reasonable price. Meanwhile, in Thailand, the living expenses are low, the housing price is stable and much cheaper than that in China, and there are many international schools here, which can provide your children with international education.
Advantages of MDR:
MDR can assist in preparing materials. To apply for Thai Retirement Visa requires one to have no less than 80,000 TBH savings. If you do not have the Thai bank card, you can entrust us to help you open a Thai bank account;
The deposit of 80,000 pounds should be saved in the bank for no less than three months. If your saving has not yet reached two months and you apply for the bank card the first time and do not want to wait for a long time, MDR has channels to help you gain the Thai visa via legal means;
MDR offers reception either in Chinese or in Thai, and can send specialists to accompany your handling process in the Bangkok Immigration Bureau.