Dear Glenn,
Francesca and myself have taken a very difficult decision as per today. Then we have decided to stop the process for buying the very nice house at the Red Mountain project due to the following problems.
You failed to provide us the proper information and documents related to the land and house for reviewing and doing the due diligence prior to sign any and all legal documents in due process.
We have paid the deposit to your bank account on the 15th of November just after having seen the house with you. On the 17th of November, 2013. You have emailed us the reservation deposit receipt. In the email, it was stipulated that the maintenance fees will be 84'000 per year for the house. We learned from Anthony (the owner of the project) the fees are 94'000 THB per year + 10*000 THB for pest control + roughly lO'OOO THB a year for the air condition. We are far away from 84'000,-THB per year mentioned. As we have received the maintenance and services agreement only on the 11th of December (3 weeks after having signing the reservation) and not even filled with the necessary information i.e. the price for maintenance fee for example. Up to date we did not get rules and regulations from you or your lawyer.
1 have also have to make some changes to the reservation contract as it was not acceptable for us. We have deleted the fact that the Seller wanted us to pay the house from Europe, and we have had a phrase concerning the deposit in the first paragraph. You have also mentioned in this mail that the house transfer fee would have to be shared on 50/50 basis between the buyer and seller that is to say 38,000.-THB each but the seller is mentioning in his mail that he is not willing to pay any fees and that he gave a special discount from 500'000 bath. This is not what you and your lawyer mentioned in mail from the 17th of November.
You mentioned also that the purchase contract will be ready within 7 days. During one week we could not reach you because you were going to play poker abroad and your lawyer did not replied to our mail which create suspicion in our mind. The purchase contract has been send to on the 9th of December only, the same day that we were supposed to bring the check. We have asked you to mail it to us but it was full of mistakes an inaccurate sentences. We immediately mention this to you. Answering to our question on how was it possible to take 24 days to prepare such an inaccurate contract, you reply to us on the 10th of December that the Seller’s Lawyer (Jane Haddow) was causing all the delays.
The problem from the Seller with the bank system is not our problem and we have mentioned it to you immediately. You have also mentioned once, the problem of the exchange rate which is also not our problem. We are buying a house in Thailand with the Thai regulation. We have mentioned it many times possible too.
For all these reasons, you created such an uncertainty in our mind. That we went to see a lawyer which explained us that the way used to sell this house was not appropriate to Thai regulations or laws. And we are in very risk situation to process the buying of the property through you and your lawyer’s advice. You pushed and convinced us to pay the purchase price while you failed to provide us the proper information and documents related to property.
We therefore don’t want to buy this very nice house because of these reasons. You have accepted to have created this due to a poor communication in your mail and your lawyer too.
It still remain problematic for me to read from the Seller that we are turning around since two months as we have seen the house on the 15th of November with you, what are you communicating to him?
Francesca and me are asking you to stop the process of buying the property, and please transfer the deposit back to us immediately as well as we did for you to avoid damage may incurred from lost interest bank and lawyer fees. If you failed to do so we have no choice but proceeding the necessary process to recover the deposit from you.
Please, transfer this mail
Have a nice day.