Tag: Condominium Act

Living In Pattaya Condominiums

Located about 150 km south east of Bangkok and lying along the Gulf of Thailand, Pattaya is perhaps the most wonderful island in Thailand. With its picturesque surroundings comprising incredible beaches, city-like dining, vibrant nightlife, and excellent shopping facilities, living in Pattaya is regarded as living in paradise.

Inspired by the amazing beauty and highly sophisticated infrastructure of the island, many foreigners, including Americans and Europeans, have chosen this destination to spend their life after retirement. A host of other benefits are also derived from living in Pattaya. The main is that Pattaya provides an excellent lifestyle and that too on a small budget. Another great benefit is safety, since the crime rates are comparatively low in contrast to other destinations. Above all, Pattaya boasts of a salubrious climate year-round.

No matter your choice is apartment, single detached house, villa, or bungalow, Pattaya has a plenty of accommodation options. Since Pattaya has now become a much favored destination among foreigners, condominium units are of special demand here. Further, the Thai government does not impose any kind of restrictions on foreigners to own a condo unit in Pattaya, except for some requirements to be met under the Condominium Act (1979), such as bringing in 100% of funds for the purchase of condo unit in foreign currency and recording of it by a Thai bank on a Foreign Exchange Transaction Form (FETF), which in turn is considered an evidence to submit it to the Land Department.

Many condominium units around the prime areas of Pattaya, such as Wong Amat beach, Jomtien beach, and Bang Saray and Tawanron beach, are sold out even before the completion of their construction. The demand for Pattaya condominiums is further driven by factors such as low interest rates and a weak Thai Baht.

Depending upon your budget, lifestyle, preference, and number of family members, a variety of condominium units are now available in Pattaya, ranging from budget and luxury to single and multi-roomed. Pattaya condominiums come in a myriad of forms, including, townhouse, apartment, and sometimes even as a single detached structure. Let it be of any type or size, a condominium complex in Pattaya is mostly replete with amenities such as high-end bedrooms coupled with comfortable beds, expansive living rooms, fully equipped kitchen, most modern bath area with uninterrupted water supply, and eco-friendly areas.

Some of the most popular condominium units come attached with most sophisticated facilities such as game rooms, laundry facilities, whirlpool spas and saunas, pools, meeting rooms, and parking areas. There are also certain condominium complexes attached with facilities such as game rooms coupled with tennis courts and gym.

Further, purchasing a condo unit in Pattaya provides a continuum of benefits. One of the greatest advantages of living in a condominium in Pattaya is that it allows you to live in a well managed community. Security is another great benefit of Pattaya condominiums, as there are a large number of people.

Other benefits of living in a condominium in Pattaya are low interior as well as exterior maintenance costs and access to common facilities such as library, elevators, and swimming pools. Also, buying a condo unit in Pattaya serves as an excellent long term investment, yielding huge profits. However, the price of condominium units is exceptionally high when compared to other accommodations options such as houses and villas.

Prior to choosing condominiums as your accommodation alternative, certain things have to be taken into consideration. As condo units are mostly governed by condominium association, it must be checked whether the rules and regulations put forward by them are flexible. For instance, there are certain condo communities imposing restrictions on the usage of the pets. Other matters such as condominium interior and outdoor maintenance fee, neighborhood, and parking area must also be considered for living in a condominium in Asia.

Buying or renting a condominium in Pattaya is no longer a tedious process, since a multitude of property builders, consultants, and real estate firms as well as realtors are in the scenario to render best services. Since many of them have them have their own sites on the web, with details including expected price, amenities available and pictures of the condominium, it allows for convenient purchasing of a condominium.

Buying Off Plan Real Estate In Thailand Condominium Acquisition And Escrow

Off plan condominium purchase in Thailand means buying a condo in a planning stage or a condominium not yet fully constructed. The standard payment schedule found in an off-the-plan sale and purchase agreement of a condominium in Thailand is:

1. a reservation agreement with a reservation fee of 100,000 baht (approx 3300 USD)
2. a deposit of 10 to 20% of the purchase price on the execution of the condominium sale and purchase agreement
3. periodical installments during the construction of the condominium with a final installment of 1/12th to 1/20th of the purchase price upon transfer of ownership of the condominium.

Who to pay to?

Paying in escrow for a condo in Thailand means that payments are made to an Escrow Act licensed third party financial institution or bank that will hold the deposited monies till the conditions of the condominium sale and purchase agreement have been met, depending on the contract. The use of escrow services in Thailand for property purchases is not common!!

Generally developers in Thailand DO NOT offer escrow payment arrangements. Property developers in Thailand are under the Escrow Act or new Condominium Act and Condo Act regulations NOT required to offer escrow agreements to consumers. Property developers in Thailand are free to require deposits and installments in agreements without offering any protection for the purchaser payments. There is no legal protection structure in place for realty buyers. This part simply depends on the agreed and accepted contract terms and conditions between the seller and purchaser. If the buyer pays directly into the developer’s account this is an accepted risk he as the purchaser takes.

In 99% of the property development projects in Thailand the purchaser makes the payments directly to the developers bank account. Obviously payment made directly to the developer, as opposed to payments made in escrow, carries some serious financial risks for buyers in case of default by the developer. They risk loosing all. In addition, pre-paying the development, the buyer looses all leverage in case of delay or poor workmanship. At the time of completion the buyer has paid up to 95% of the purchase price and the developer is in a much stronger position and can simply refuse transfer of ownership to the buyer.

The developers company

The standard payment schedule by which the purchase price is paid directly to the developers bank account during the construction or even before the start of a condominium project carries risks of losing your payments in case of default or bankruptcy of the developer.

An important part of this arrangement is the developers company. Is it a large SET listed (Thailand stock exchange) real estate developer or a limited liability company with a low share capital and a poor track record? Limited liability for the developer means limited liability and in case of default there is for the buyers little chance of getting any of the payments back.

The Condominium Act supposed to protect the interests of the buyers of condos in Thailand but does not require the establishment of escrow arrangements in an off-plan condominium development.

Paying directly to the developer in Thailand is taking a risk.