Experience areas: real estate disputes | property refund recovery | appeals | judgment enforcement and asset auctions.
THAIHOUSING has handled more than 1,000 property litigation cases involving multiple major developers in Thailand and has helped clients actually receive cumulative refunds exceeding THB 600 million.
Most of these cases concern disputes arising after Chinese buyers purchased property in Thailand between 2016 and 2019. These years refer to when the clients purchased their properties, not to the period in which THAIHOUSING handled the litigation.
In the relevant property refund cases, more than 98% achieved a refund outcome through judgments, settlements or other means. This figure includes cases resolved through both litigation and settlement; it is not solely a court-judgment win rate.
1. Different Causes of Property Refund Disputes
Some cases arose when buyers changed their plans after purchasing and sought to exit the transaction and recover their payments. Others arose from problems on the developer’s side.
The cases handled by the firm involve projects in different conditions: some had been completed, others had stalled or remained unfinished, and some had never reached substantive construction, with only land at the site.
Refund disputes therefore cannot all be attributed to the same cause. The buyer’s intention to withdraw, contractual terms, payment history, project status and the developer’s performance must be examined in the context of each case.
2. From Negotiation and Settlement to Litigation and Appeals
Developers differ considerably in how they respond to disputes.
Some developers are willing to resolve disputes through negotiation and make payment voluntarily after reaching a refund arrangement. Other cases require litigation. Even after a favourable first-instance result, an appeal by the other party may take the case into further court proceedings.
THAIHOUSING pursues negotiation, settlement and litigation according to the circumstances of each matter and continues to follow up on the actual performance of refund obligations.
3. Some Favourable Judgments Still Require Enforcement and Auctions
The firm has also handled cases in which developers failed to pay voluntarily after judgment, requiring further enforcement proceedings. Some of these matters progressed to asset auctions.
For clients, a judgment establishing a refund obligation does not mean that the money has already been received. Payment, the availability of assets for enforcement and whether enforcement produces an actual recovery still require continued follow-up.
4. Bankruptcy and Liquidation During Pending Litigation
The firm has also encountered cases in which the other party entered bankruptcy and liquidation proceedings while litigation was still pending.
Such developments increase uncertainty over recovery. In addition to the original refund dispute, the matter must address issues arising from changes in the other party’s assets and ability to pay.
From projects under normal development to stalled or unfinished projects, and cases affected by bankruptcy and liquidation during litigation, the difficulty of handling a matter and the actual recovery can vary significantly.
5. Measuring Recovery by Money Actually Received
The cumulative refunds exceeding THB 600 million that the firm has helped recover refer entirely to money actually received by clients. They exclude unpaid judgment amounts and settlement instalments that have not yet been paid.
Handling more than 1,000 property litigation cases has given THAIHOUSING extensive practical experience in property refund negotiations, litigation, appeals and asset enforcement.
In handling matters and recording outcomes, the firm distinguishes judgments, settlement arrangements and actual receipts, with the recovery of clients’ funds remaining a central objective of its work.