Code of conduct in the Hua Hin real estate market ?????

[splitlid]

[quote="malcolminthemiddle"]

Building permit for each house. - When known, the application for the Building Permit should always be made in the Buyers name after transfer of the land or registration of the lease. Where the land is being bought or leased from a Developer, issue of the Building Permit should be a pre-condition of payment of the first construction stage payment.

all great info, this one is the tricky one,have tried to get build permit in customers names only to be told cannot.
must have permanant address.
etc etc etc. too hard basket.

[norm]

Excellent post Malcolm. A very good guideline for what needs to be done or if already done enforced.

[huahinsimon]

I think that if the core agents in Hua Hin get together on a monthly basis to share info regarding experiences with developers/lawyers we could all make sure our clients are not compromised.

The company I am a partner in would be very happy to be involved in any group which would help Hua Hin's image among local press, tourists and worldwide media. We need to spread the word about good experiences - there are so many people who are over the moon with their property here and we only ever here about the few bad cases. I am not advocating brushing those under the table at all - we the agents need to know to protect future clients - just lets have some balance.

Thanks for starting this thread pk - lets keep it constructive


JW
Hot Property

With all due respect, and I AM keeping it constructive, I think the above post is full of holes.

1st JW wants "the core agents in Hua Hin to get together on a monthly basis to share info regarding experiences with developers/lawyers we could all make sure our clients are not compromised."

How about getting together with the clients who know EXACTLY how they have been compromised. You know, get it from the horses mouth. Agents sharing info regarding experiences with developers/lawyers will do little to make sure clients are not compromised. That's why we need an association with rules and teeth. There are agents out there right now showing property they know to be substandard or what will be deemed substandard if an association is formed yet that does not prevent them from marketing that property and refering to it in glowing terms.


As an addition, I will add here that I think that the Agents are VITALLY important to this process because most buyers are introduced to a project by agents. That was true in my case. Most likely I would have never met this person without the intro from an agent. Agents are the "keepers of the keys to the kingdom" be it heaven or hell, and they can keep you away from the netherworld if a code of building regulations was in place and they pledge not to take buyers to substandard projects. Education is very important to improving the image of HH real estate. My agent knew virtually nothing about good building practice and I suspect many agents are the same. What they know is how to sell.

Second "We need to spread the word about good experiences - there are so many people who are over the moon with their property here and we only ever here about the few bad cases."

It is not the purpose of a trades association to "spread the word" about who is "over the moon." Let each developer spread the word about his own project, its quality and customer satisfaction. This is where reference to an association and its standards can help him.

We do NOT"ONLY ever here about the FEW bad cases." The FEW bad cases are legion. Its prima facie evidence that there are hordes of problems which are hurting the name of Hua Hin or this idea of an association would not have surfaced and be debated with such intensity. Let's get the blinders off.

Third "we the agents need to know (how) to protect future clients - just lets have some balance."

This statement really mystifies me on two levels. First, don't you agents have any clue about protecting your clients right now? Didn't you do your homework on what should be your responsibilities before hanging out a sign as a property agent? or is sales the sole focus and criteria of success?

Why is your concern only about "future clients?" I agree "lets have some balance." How about balancing the protection of "future clients" with help remedying the problems of present and past clients. It's your present and past clients suffering that has resulted in the need and this movement to rehabilitae the name of Hua Hin property which has recently suffered in the national and international press . Surely they merit the assistance of their agent in helping them get their problems relating to substand build corrected if such an association is formed. You wouldn't allow membership to someone who has built or sold problem properties in the past solely on the promise that they will do better in the future, would you?

Let's keep it constructive by seeing all sides of the problem, including past and present problems as well as the future.

HHS

[Super Joe]

An informative post Malcolm.
Agree that most of these provisions are mandatory anyway, and some of us do provide it as standard, some do not and that's one of the reasons this new regulatory body is being formed.

I'd disagree about the land title based on what I've seen.
Individual land title for each plot. - This is how I have seen the process work:
Individual land titles can and should be 'cut' well prior to end of construction, but not neccessarily before construction commencement. Some buyers buy off-plan very early in process, before land cutting process has been carried out.
Contracts state that the land freehold cost or lease fee is the final payment at the time of final completion. I've never known a developer give land rights to the buyer until final completion, surely buyer can chuck developer off land if they have a dispute otherwise.

SJ

[splitlid]

I've never known a developer give land rights to the buyer until final completion, surely buyer can chuck developer off land if they have a dispute otherwise.


SJ

i have, but usually a after certain amount of cash is recieved. ie. second payment. this payment covers the cost of the land. it shows a little goodwill and trust is formed.

NEVER before money is recieved. that would be crazy [crazy emoticon]

[Super Joe]

Splitlid, what actually register the lease at the land office or carry out the land title transfer at the land office, and let the buyer walk away with the landpaper
Have you seen this often though, or just the odd time ?

What would happen after that if they had a major dispute, developer has to leave the land ?

[splitlid]

Splitlid, what actually register the lease at the land office or carry out the land title transfer at the land office, and let the buyer walk away with the landpaper
Have you seen this often though, or just the odd time ?

What would happen after that if they had a major dispute, developer has to leave the land ?

yes both. have seem it many times.

why would they have a major dispute?

water problems dont arise until after all the money has been paid

[malcolminthemiddle]

A

I'd disagree about the land title based on what I've seen.
Individual land title for each plot. - This is how I have seen the process work:
Individual land titles can and should be 'cut' well prior to end of construction, but not neccessarily before construction commencement. Some buyers buy off-plan very early in process, before land cutting process has been carried out.
Contracts state that the land freehold cost or lease fee is the final payment at the time of final completion. I've never known a developer give land rights to the buyer until final completion, surely buyer can chuck developer off land if they have a dispute otherwise.

SJ

SJ, you are absolutely right. The current normal practice you describe provides the Buyer with no tangible guarantee through out the construction phase.

Is it normal to pay 100% up front in the hope you will get what you have paid for?

A subsequent dispute would be governed by the terms and conditions of the construction contract.

[Super Joe]

Is it normal to pay 100% up front in the hope you will get what you have paid for?
A subsequent dispute would be governed by the terms and conditions of the construction contract.

The buyer doesn't pay 100% up front, I agree that would be unfair. They pay for the land and final house payment, when the land office official confirms the transfer is taking place.
That way the buyer still has good leverage with the developer.

Yes, should the developer not deliver as contracted, the terms and conditions of the contract would govern any dispute.

SJ

[JW]

HHS,

Funny no one else found holes. Most took what i had to say in the way I meant it - you choose to perceive it in your way.

[splitlid]

^ JW lights blue tourch paper...slowly walks backwards to awaits the show.....

[PKBCXKT]

Malcolm, T.I.G.R. great comments and input, to the others as well. We are getting there.

Yesterday we sent out a lot of invitations to developers and agents, as did the newspaperman to his contacts, for a meeting monday 11 am. Place will be informed once we know how many will participate.
Well, I know some of you guys but not all, so who did not get an invite no bad feeling, we just did not know who you are.

We are working now on an agenda of what should be discussed. Input please. Personally, I think, the main point would be the "bodys", one, two or how many? Input please what should be on the agenda.

Thanks, pk

[Jockey]

We are working now on an agenda of what should be discussed.

PK - Who is "we", who are you and what is your connection to "The Newspaperman"?

[PKBCXKT]

Well, Jockey, you should know by now, and as mentioned I put a short introduction on the intro page about a week ago.

The newspaperman arranged the first get together at Coco 51, after that, him, us and some others followed that idea and now we are getting through this thread to the next stage.

[splitlid]

can i have an invite please?

pretty please