By Wasant Kijbamrung (Land Doctor), Former Land Administration Officer 8

When entering into a land sale contract, it is customary to specify details regarding payment methods, deposit forfeiture, compensation for damages in case of breach of contract, and importantly, to indicate the date for land transfer registration. A common issue that parties wish to avoid is when one party shows up at the land office on the transfer date but the other party does not arrive, regardless of how long they wait. In such cases, what should the waiting party do to avoid being at a disadvantage? Once a dispute escalates into a legal case, both parties often claim and provide evidence that they adhered to the contract while accusing the other of breaching it. Do not assume the other party will be honest and truthful; they may be cunning and fabricate stories, presenting evidence in a way that seems realistic. For instance, they might have someone monitor whether the other party is waiting at the land office. If the waiting party becomes impatient and leaves, the observer can inform the other party, who may rush to the land office and take actions to create evidence that they did indeed show up. This could lead to the waiting party being accused of breaching the contract. If the waiting party does nothing because they are confident they have fulfilled their obligation, they may find themselves at a disadvantage in terms of evidence, complicating the process of proving who is in the right. Therefore, preventing mistakes in this matter is crucial. Here are some recommendations on how to proceed:

1. Strictly Adhere to the Contract

Regardless of whether we are the seller or the buyer, if the contracting party fails to meet the appointment, the other party must still fulfill the contract completely. They should remain at the land office until the end of business hours. If they do not fully comply with the contract, they may also be accused of being in default or breaching the contract. Typically, a contracting party facing difficulties cannot proceed unless they genuinely wish to continue the transaction and usually request an extension or renegotiate before the transfer date. However, if the party intending to breach the contract has already decided not to comply, such as selling to someone else who offers a better price, or if the buyer lacks the funds or has changed their mind about purchasing another plot, they often seek excuses to avoid fulfilling the contract. They might gently request an extension or any other form of delay. If the other party agrees, they can draft an additional contract. But if they are cunning, they may employ tricks to avoid being labeled as the defaulting party. For example, the buyer may not want to proceed but also does not want to forfeit their deposit because the seller refuses to grant an extension. They might stop communicating altogether, even as the transfer date approaches, leading the other party to believe they will not show up. This could provide grounds for the buyer to claim that the other party has also breached the contract. If they rush to the land office and take actions to demonstrate they did not breach the contract, the party that arrived first could end up at a disadvantage.

2. Submit Certain Requests as Evidence of Attendance

Before submitting any requests, it is important to understand that the land office is not legally obligated to certify that the contracting parties have actually proceeded with the contract. Therefore, if one wishes to submit a request for the officials to record that they have attended to fulfill the contract, the officials will not provide such certification. They may accept the request but will issue a statement indicating that they cannot certify it as requested. However, the mere act of submitting a request that receives such a response serves as implicit evidence that the requester did indeed attend the land office. The reason officials do not provide certification is that they are unaware of the contract details, do not know if the requester is a legitimate contracting party, and are not responsible for monitoring whether the requester was present throughout the business hours. If they proceed with the request for certification, they could be accused of providing false certification or colluding with the other party. Regardless of whether the officials accept such requests, we can still submit other requests that the land office can process, which can also serve as evidence that we attended the land office. The types of requests that can be submitted to the land office fall into two main categories:

2.1 Requests for Registration of Rights and Legal Acts

This type of request uses form T.D. 1. Typically, officials will prepare this along with the contract or other forms. For example, in a sale, form T.D. 13 is also used. However, since requests for various contracts must be submitted by both parties simultaneously, if one party does not attend, such requests cannot be submitted by default.

2.2 Miscellaneous Requests Not Related to Registration of Rights and Legal Acts

This type of request uses form T.D. 9 and can be submitted for various purposes, such as requesting to check land registration documents to see who owns the land and whether it has been seized or encumbered. Requests to inspect the land title deed, maps, and documents stored in the land registry (by physically inspecting the originals, not just listening to reports) can also be made. Requests for copies or certified copies of documents, requests for land encumbrance, and requests for certification of land appraisal values can be submitted.

When submitting this type of request, a small fee is required. A receipt will be issued for the requester to keep as evidence, and a copy will be attached to the request. The requester can also indicate in the request that two officials should sign as witnesses that the requester has indeed submitted the request according to form T.D. 9. Normally, requests of this nature can have witnesses or not, but if solid evidence is desired, it is advisable to have witnesses. In this case, a witness fee of 10 baht per person will also be indicated on the receipt. In the event of a lawsuit, the request and the officials involved can be cited as witnesses to confirm that the request was indeed submitted, providing clear and substantial evidence that the party attended to fulfill the contract.

2.3 Submit an Additional Request Near Closing Time

Even if one request has already been submitted, it only confirms attendance during the time of that request and does not guarantee that the party was present throughout business hours. Therefore, it is advisable to submit another miscellaneous request close to closing time to serve as evidence of continuous presence. A suitable request for both the seller and buyer is to request copies and certified copies of the initial T.D. 9 submitted. Normally, all requests must be recorded, and the time of submission must be noted to indicate the order of requests. Additionally, this miscellaneous request can be submitted at other times as desired, as there are no laws or regulations prohibiting it.

2.4 Recommendations for Buyers Submitting Additional Miscellaneous Requests

In addition to requests for copies and certified copies, buyers can easily submit other requests, such as a request for a copy of the land title deed, which can be submitted separately from the initial request for copies and certified copies of T.D. 9. An important request that should be made immediately is to request a land encumbrance (the purchase agreement must be presented). Buyers should do this to prevent sellers from registering the land for sale, mortgaging it, or encumbering it, which could disadvantage the buyer. Once the encumbrance is requested and accepted by the land officer, it will be valid for 30 days, during which the buyer must promptly file a lawsuit to compel the seller to transfer the land as per the contract. If the lawsuit is not filed before the 30-day encumbrance period expires, the encumbrance will become ineffective, and the buyer cannot request a new encumbrance on the same matter (see Land Code Section 83). During the 30 days, the requester can also submit a request to lift the encumbrance, usually done before the seller proceeds with the sale if they change their mind and decide to sell to the buyer.

2.5 Recommendations for Sellers Submitting Additional T.D. 9 Requests

Sellers can request copies of T.D. 9 submitted initially or request a price appraisal certificate, citing that it will be used to set the sale price of the land, for bail, or simply to know the official appraisal value. They can also check the land evidence to see if it has been encumbered. Ownership of land can sometimes be seized or encumbered without the owner being notified, as the notification may still be in transit. Submitting these requests, even if they seem unnecessary at times, is important for establishing evidence of ongoing presence at the land office. Therefore, continue to submit requests regardless of others' opinions or objections, affirming that you wish to proceed with your requests.

3. Finding Additional Witnesses

When seeking additional witnesses, the principle is simple: the person should be familiar with you and able to recognize you through frequent interactions. A shared experience (such as submitting requests multiple times and dealing with the same officials) helps them understand your situation. You should also remember the names and faces of the officials. Typically, if they are in uniform, you can see their name tags (make a note of their names to avoid forgetting). If they are not in uniform, check the staff list posted on the wall, which should be available in every land office. When interacting, make sure to explain your situation, including any progress or lack thereof. Do not remain silent; remember that officials often do not remember individuals who come repeatedly for routine matters. However, if you approach them with your story and explain your issues, they are more likely to remember the details of your case. The more unique your situation, the better they will remember it. For instance, when submitting a request for the first time, mention that the other party did not show up, and when submitting another request, remind them that the other party still has not arrived. Meeting a few times and discussing the progress will help them remember your case better. When you later call upon them as witnesses in court, they will recall the details and testify smoothly, as they are already familiar with the situation.

Thank you for this informative article by Wasant Kijbamrung (Land Doctor), Former Land Administration Officer 8 as of July 25, 2017.