Insight

Property Refunds in Thailand: Contract Termination, Litigation and Recovery

A property that has not yet been delivered does not automatically entitle the buyer to terminate the contract and recover every payment. The starting point is to review the contract, payment records and each party’s performance to identify the basis for termination and a refund claim.

Where a refund claim begins

A property that has not yet been delivered does not automatically entitle the buyer to terminate the contract and recover every payment. The starting point is to review the contract, payment records and each party’s performance to identify the basis for termination and a refund claim.

Developer default and buyer circumstances require separate assessment

Where a project is delayed, cannot be delivered as agreed or involves another breach, assess the seriousness of the breach, notice requirements and possible claims for refunds, interest or loss. Where the buyer’s financing arrangements change, a loan is declined or personal plans change, the contract terms, nature of each payment and applicable consumer protection rules need separate review. Neither a full refund nor forfeiture of all payments should be assumed.

Organise the evidence before choosing a route

Gather reservation documents, the sale agreement, payment evidence, sales representations and correspondence, and establish the delivery deadline, events in dispute and desired outcome. A lawyer can then assess negotiation, a formal letter or litigation, while checking limitation periods and other procedural requirements.

A judgment and actual recovery are separate stages

After obtaining a judgment supporting a refund, payment still needs to be secured. If the other party does not comply, the relevant enforcement process should be assessed and pursued. The amount and timing of recovery also depend on available assets and procedural progress. THAIHOUSING provides representation in property litigation and judgment enforcement, connecting the claim with the subsequent recovery process.

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