Uncovering the Disappointment: What to do When Your Dream Condo Doesn’t Match the Design Plan

Are you feeling let down after discovering that your newly purchased condo doesn't match the design plan you fell in love with? You're not alone. Many homeowners have experienced the disappointment of finding out that their dream home doesn't live up to the promised design. But don't let this setback ruin your excitement for your new home. In this blog post, we'll explore the steps you can take to address the issues and make the most of your space.

The common issue

Not matching the design plan is a relatively common issue for not only specific units but also the common area.

The unit not matching the design plan

• Untreated defective construction riddled with blemishes.
• Layout changes from the original design plan.
• Material changes or downgrades.

Common area not matching the design plan

• Reducing facility in size in favor of units instead.
• Facility changes from what was initially advertised.

The Law

In an effort to counteract customers being ripped off by the developers with false advertising, the condo not matching the design plan, the 2008 Condominium Law was put in place.

Important for Buyers

• Any advertised images and/or descriptions must match what's registered, descriptions must also be in detail. 50,000-100,000 baht fine for violations.
• The developer must produce copies of all advertising materials until all units have been sold, and then send at least one copy to the juristic office. 100,000 baht fine for violations.
• Consider the advertising materials or invitations a part of the sales contract or buyers' contract. Should the descriptions or images conflict with contract descriptions, interpret it as the buyers' perspective.

Things to inspect before finalizing a condo purchase

What to inspect in the contract

Following the finalization of the purchase and making the reservation is the contract with the project owner. This is where it's important for you to carefully inspect what could be considered a rip-off. Should there be any suspicious content, you have the option to consult with the project owner in detail before really finalizing the contract with the project owner.

Unit Size

The actual unit size must match what was said in the contract and the description in the contract, unit/floor plan, as well as the title deed. However, if the sizing does not match what was said in any of the supporting materials, do NOT sign the contract.

Unit Type

Carefully check if the unit layout matches what you paid for, including minute details such as the furniture included, the materials used, built-in closets, types of doors, and types of windows.

Construction time and delivery date

The project owner must also detail out not only the construction time but also the delivery date (including month and year). Customers must also be aware of this.

Fines

A fine would be imposed on either the buyer or owner misses an appointment. For instance, the project owner must pay the the customers a fine (negotiable). In the same fashion, the customer must pay the project owner a fine should they miss a down payment or any other necessary payments. It should be noted that the fine payment is not actually required by law, rather an agreement between buyers and the project owners.

Insurance period (must be detailed out in contract)

• How long is the insurance period.
• How will the project owner be responsible in case of damage to the unit itself or any part of the unit.

What if you encounter this issue after the construction is finished?

Should you encounter a deceptive condo listing after the reservation has been made, during a down payment period, or the contract has been signed off, here are ways around this issue.

1. Request for a blueprint

In case of deceptive advertising or misunderstandings due to layout changes (such as furniture arrangement), what you must do is request for a blueprint by doing the following:

• Visit the district office to inspect the licensing number.
• After that, visit the Department of Public Works to request for a blueprint using the licensing number.
• Take a picture of the blueprint or make a copy for proof.

If the structure is deceptively advertised or does not match the blueprint, you have the option to terminate the contract with the project owner as well asking for necessary refunds.

2. Request for contract termination

Should the project not make necessary adjustments to the unit as per the blueprint in time, you have the option to request for a contract termination as a customer. To do this, you have the option of sending an advice of delivery letter via registered mail under the subject “Request for contract termination and refund due to construction not going as planned”.

The advice of delivery mail, sent through registered mail, will request for the signature of the addressee as confirmation of receiving.

If the project still offers you the condo transfer, do not hesitate and respond by mail immediately as the project may try to testify against you in court. In that case, you may respond saying “I refuse to accept the condo transfer due to the project’s delay in construction causing everything to not go according to plan".

3. File a lawsuit as the last resort

If the project owner fails to make changes to the deceptive advertising and/or structuring no matter what you do or no matter how long you give the project owner and the two of you fail to make a suitable deal, you have the option to sue the project owner as the last resort. The following are two agencies to help support your lawsuit.

• Office of the Consumer Protection Board: Note that the lawsuit process with the Office of the Consumer Protection Board could take some time due to their fair share of workload regarding other lawsuits.
• The Civil Court: Filing a lawsuit through the Civil Court (for Bangkok locals) is considered the last resort, with your case considered as the Consumer Case(under Purchasing Case). You can bring all relevant materials as evidence. For cases less than 300,000 baht, file a lawsuit with the Civil Court. On the other hand, file a lawsuit with the Provincial Court for cases above 300,000 baht.

4. Request for the project owner to make necessary adjustments (optional)

If you are still interested in purchasing the unit and do not wish to terminate the contract entirely, write an advice of delivery letter and send via registered mail akin to a contract termination. Make sure to detail out the type of preferred adjustments and modifications you would like as well as the time given. Should the project owner argue, an advice of delivery letter is also required for any alternative deals (signature is required).

Conclusion

We certainly hope you not only found this article regarding methods of dealing with deceptive condo construction and advertising helpful but that you don't encounter this issue as well so that you are ensured that you get what you paid for. Should there be any issues stemming from deceptive advertising or construction such as furniture misunderstandings or defective materials, the simplest hoop to jump through would be attempting to renegotiate with the project owner seeking for repairs and modifications as you prefer. If the issue persists, you have the option to either terminate the contract or file a lawsuit as the last resort.

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