The Legal Problems Concerning Condominium Business

Abstract

The objectives of this study were 1) to investigate problems concerning the standard contract enforcement for condominium selling according to The Condominium Act BE 2522; and 2) to study problems concerning the condominium business operators regulating according to The Escrow Act BE 2551. The study was qualitative research by investigating ideas, theories, and related laws including The Building Control Act BE 2522, The Escrow Act BE 2551, The Constitution of the Kingdom of Thailand BE 2560, and principles, using content analysis and presenting the information by the description in each issue. The findings showed 1) The condominium business operators were drafted by the contracts for the purchaser without using the standard forms of condominium law; because the condominium law was allowed the operators to draft a contract. With considering in favor of the purchaser and the purchaser, it might be injured by the unfairly contrary contract to the fundamental principles of condominium laws; and 2) The parties’ interest protection system or Escrow system must be ensured the voluntary willingness both the seller and the purchaser. If any party does not demand, the law won’t be enforced the purchaser to protect by this law.