Article Category - Legal Matters

I lease a shop space in a shopping complex, because I joined the complex later than the other shop owners, my contract runs until the end of next March. The other owners’ contracts expire this month and the landlord has said he will not be renewing them. He is now trying to cancel my lease as well.

THERE is a crucial difference between buying a condominium unit that you can see and buying the condominium dream appearing on a glossy brochure or poster.

EMPLOYERS have been using fixed period employment contracts to avoid having to pay severance and having to give employees notice of termination. With the commencement and termination dates clearly specified in the written contract, there is no need for the employer to pay severance and provide prior notice of employment termination.

A BRITISH tourist who spent three weeks in a crowded Phuket prison after immigration officials challenged his topless passport picture, says despite his ‘nightmare ordeal’, his Phuket holiday was one of the best holidays he has ever had. Martial arts expert, Simon Burrowes, 44, was jailed after immigration officers accused him of having a false passport and swearing at them.

THE number of foreigners applying for permission to work in Phuket has increased over the past 12 months. Most of the applications have come from people involved in the diving and hotel businesses. According to figures released by Phuket’s Provincial Employment Office, 8555 work permits were issued to foreigners in January this year compared to 7846 in January last year.

WE are all being scammed every day, and we very rarely even know about it. And it’s not just the punters who are being ripped off, business owners are also falling prey to the light fingered fraternity. We are being overcharged and short-changed in shops and supermarkets, and bosses all over the island are being swindled by staff who have worked out a myriad of ways to tickle the tills.

PHUKET’S Immigration Superintendent, Pol Col Chanatpol Yongbunjerd, is confident that 2009 will be a good year for Phuket. “The political troubles of last year are behind us, and we are positive that tourist faith in Phuket will be restored,” he said. The airport closures which caused havoc across the Kingdom, resulted in scores of tourists coming into the Phuket immigration office to ask about penalties for overstaying their visas.

WHEN Dr Preecha Ruangjan was appointed Governor of Phuket in November last year, he knew he had a big job ahead of him. During his first three months in the job, Dr Preecha has moved to ensure the longevity of Phuket’s tourist industry, he has taken control of conservation projects and is working overtime to cut the island’s crime rates. He has also campaigned to reduce the holiday road toll, he has put in motion plans to combat the world’s economic crisis and rebuild Phuket’s tourist industry, and he has declared war on drug pushers in the province.

Investors considering purchasing a condominium, investing through a Thai company into freehold or becoming a long term lessee will spend some time considering how safe each option is in terms of legal and practical problems with each method. Investors should be aware that the legal rights and protections they acquire differ greatly under Thai law depending on the type of investment or purchase of property. Setting up a Thai company and investing in property in Thailand is a well documented exercise. However, the effect of being considered a Thai in the eyes of the law in respect of freehold purchase through a Thai company comes at a price. Caution must be taken to ensure compliance by the Thai company with the regulations of the Ministry of Commerce and Land Office in relation to the shareholders of the Thai company.

It is common within the Phuket real estate market for developers or sellers of properties to ask a potential buyer to sign a reservation agreement. From a seller’s perspective, a reservation agreement might primarily be regarded as a marketing tool to achieve an early commitment from a buyer with the aim to close the sale within a short period of time. However, a buyer may also utilize a reservation agreement to negotiate with the seller at an early stage to determine essential terms and conditions of a future property acquisition. It is therefore recommendable for both seller and buyer to pay attention to the terms and conditions of a reservation agreement. The minimum content of a reservation agreement will state the details of the parties involved and the object of the envisaged transaction. This document will also include the agreed purchase price and a specific period of time for which the parties shall be bound to the reservation. Although the length of the reservation period will mostly be predetermined in the reservation agreement supplied by a seller or an agent, it is noteworthy that such a period is freely negotiable between the parties.