Abstract:
The aim of this research is to analyze legality in protectives of buying and selling of real estate, specifically, or condominium. The current real estate laws, such as the Revolution Councils Proclamation No. 286 and the Condominium Act (B.E 2522), are not sufficiently comprehensive and thus cannot be use effectively in terms of consumer protection, especially when installment is involved in land, housing or condominium transactions. This thesis has consequently studied criteria on escrow agent used or practiced ahead, such as in the United States of America. From a broad review of escrow account in the United States, it has been found that escrow account has been used effectively. This is due to appropriate legal system that serves well with American social and economic landscapes. This in turn results in equal protection and benefit sharing among real estate dealers, consumers and escrow agents. Consequently, the escrow account can prevent unfair dealing in real estate business. However the idea of escrow account, if applied in real estate business in Thailand, may cause problems of legal system. There are differences between Thai and America legal systems. The U.S. has common law system which codifies trust law to be used in real estate business. On the other hand, Thailand has code law. The Civil and Commercial Code. Section 1686, prohibits the use of trust law in Thailand. In addition, Thailand has had no experience on implementing escrow account, and requirements for persons or juristic persons who can act as escrow agents have not been set. Finally, general public does not have sufficient knowledge about escrow agent especially real estate dealers who argue among themselves whether escrow account should be used in this business. Results of this study show that Thai law may be adopted in terms of dual agent according to the Civil and Commercial Code, section 805. The problem about time schedule on transferring ownership of down payment may be solved by stating in the contract as buyers guarantee to pay installment collected by dual agent on behalf of dealer. Buyer and dealer to transfer ownership on a part of down payment while installments are still being paid to the dealer. The relationship between all parties in contract shall follow legal criteria in term of agent.