Property and Real Estate Disputes
Purchasing a property is not always straightforward, particularly if one wishes to own a property or real estate in a foreign country. Whether a foreigner intends to own, lease, or invest in a property, the process can be troublesome as the property laws in Thailand forbid foreigners to directly purchase land in the country. The complexity of the laws and procedures as well as the language barrier may lead to misunderstandings and conflicts between the parties involved and real estate disputes may become unavoidable.
The most recommended approach when purchasing real estate is to use the service of a property lawyer to proactively prevent any potential disputes or violations that may occur down the road. However, in case a dispute has occurred, a qualified lawyer in Thailand can efficiently assist in resolving different types of real estate disputes by means of negotiation or litigation.
Siam Legal is dedicated to representing its clients in real estate dispute cases of any scale with experienced litigators providing top-tier services and innovative resolutions. Its focus is to offer timely and practical advice while considering the best interests of its clients.
Dispute resolution includes different approaches to solving the conflict between parties whether they are individuals, corporates, or developers. The settlement of dispute can be carried out in court or outside of the court depending on which approach is the most appropriate. Real estate is one of the most common areas where various disputes can take place. This may be associated with the right to own the property, breach of contract, or issues regarding the construction of the property.
Common Disputes in the Real Estate Sector
When it comes to property and real estate disputes, our team of experienced professionals in Thailand can provide legal services in a broad range of areas. This encompasses disputes between landlord and tenants, possession, easements, and boundary issues, to name a few. The common types of real estate disputes include:
Disputes regarding the title of the real estate
The title deed of a property is a crucial document that serves as evidence of land or property ownership. The document contains various important details that can often be overlooked. Fraudulent activities in relation to the title deed can occur without thorough scrutinization of the document. This can cause issues in terms of ownership rights over the property. Though, this type of dispute can be prevented by a due diligence process conducted by the lawyer before the property is purchased.
Disputes regarding breach of property contract
There are many factors to consider when it comes to a property contract whether it is a sales and purchase contract or a long-term lease contract. This may include payment terms, contract termination, rights, and obligations of the parties, for instance. Disputes relating to property contracts often derive from either party violating the terms and conditions agreed in the contract or failure to comply with the requirements of the contract. This causes damage to the other party.
Disputes between developer and purchaser
This type of dispute generally transpires when the buyer purchases an incomplete property from a developer. In some circumstances, the builder or the developer fails to meet the agreed timeline to deliver the finished property. There have also been cases where the developer neglects or does not perform the duty outlined in the agreement, leaving the buyer in distress. This too can be considered a breach of contract where the buyer can potentially request compensation from the developer.
Disputes regarding property boundary
Boundary disputes can involve issues pertaining to trespassing, encroachment, and easements. These conflicts occur between the property owner and the occupiers of the neighboring land or property. Sometimes, the description in the title deed may be inaccurate or out of date causing either neighbor to misjudge the boundary of their rightful property. In cases of encroachment or trespassing, oftentimes the violation arises from negligence and may trigger financial or physical harm to the property owner. This can be viewed as a punishable offense under Thai laws.
At Siam Legal, we provide legal advice on all kinds of property disputes involving residential and commercial property to ensure your rights are protected and enforced.
Property and Real Estate Dispute Resolution
Our team has extensive experience in litigation in all areas of real estate disputes. Nonetheless, we recognize that litigation may not be the most suitable approach in some cases and alternative dispute resolution, such as mediation or arbitration should be explored. We aim to help our clients minimize the cost and time spent on conflict resolution by looking at the bigger picture and deciding on the most effective strategy.
We are well versed in different methods of alternative dispute resolution and can advise our clients on how to best proceed according to each particular case. These methods are more affordable and less time-consuming in that the conflicts can be resolved without resorting to court proceedings. In addition, alternative dispute resolution can prevent serious damage to the relationship between opposing parties which may possibly be severed over the long litigation process.
In some situations where aggressive legal actions are inevitable, disputes need to be settled through trials. The litigation team at Siam Legal has represented clients in complex and challenging real estate disputes. We take a pragmatic and comprehensive approach to obtaining successful client outcomes.
The real estate sector is technical in nature and requires legal professionals with specialized knowledge and understanding to handle dispute cases, enabling them to deliver bespoke solutions. We are committed to providing seamless access to information and all resources necessary in resolving the cases for the clients.
Legal disputes involving real estate can be taxing to all related parties. With years of experience serving Thai and foreign clients from individuals to large organizations, we have developed an exhaustive understanding of the complexities of real estate issues from the perspectives of the landlord, developer, buyer, lessor, and lessee. Our expertise encompasses residential and commercial sectors. As your trusted advisor, we offer strategic and tailored advice that will maximize the chance of reaching a favorable resolution.
If you are seeking legal representation and assistance, please feel free to contact us.