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new tool for real estate buyers

Thailand's property market is still on the rise and highly competitive. Advertisements for new real estate developments are everywhere, and with them are promises of freebies.

While some projects offer free air-conditioners, televisions and furniture, others promise gyms, swimming pools and even nurseries. Often such promotional gimmicks are not referenced in the purchase agreement. So what happens if, after project completion, the developer fails to deliver on its promises?

The real estate company would, of course, refer to section 456 of the Civil and Commercial Code, which states that an agreement to sell or to buy any real estate property, or a promise to sell such property, is not enforceable unless there is some written evidence signed by the party liable.

However, such companies fail to acknowledge a 2002 Supreme Court judgment (2729/2545) which stated that real estate companies who do not provide infrastructure as advertised are in default of the agreement. This ruling is typically interpreted as stating that real estate advertisements form an integral part of the agreement. This decision is one example of a law available to protect consumers better.

In addition, in 2007 the Supreme Court, viewing that sufficient legal tools were not available for Thai consumers to defend themselves against unfair business practices, proposed the Consumer Case Procedure Act (the Act) to the National Legislative Assembly. The Act was passed in February 2008 and became effective on Aug 23, 2008.

Under the Act, any law requiring the existence of a written and/or signed agreement prior to filing a court complaint, is not enforceable for consumers attempting to assert claims against business operators, provided that (1) the consumer has paid a deposit to the business operator, or (2) the consumer has performed part or all of his obligations under the agreement (Section 10).

In addition, any announcement, advertisement, representation or act of a business operator that leads a consumer to understand, at the time of entering into the agreement, that the business operator will provide services or other infrastructure or perform certain additional services for the consumer, will be viewed as integral to the agreement between the consumer and the business operator (Section 11).

Therefore, when purchasing property, if certain conditions or any understanding between the two parties are not set forth in the written agreements, it is important for property buyers to keep all brochures, flyers, information sheets, project layouts and other marketing materials, including pictures of billboards, relating to the projects.

Also, it is recommended that during the sales negotiations with the real estate company, the consumer be accompanied by someone dependable.

If things go wrong, although the agreement may have been made verbally, with such documentation in hand and a witness who is ready to testify, the consumer plaintiff may present to the court documentation and a witness to testify with respect to the unwritten conditions offered by the seller (Section 11).

The Act also contains several procedural rules aimed at easing the process by which consumers bring claims to the courts against business operators. For example: the burden of proof is shifted to the business operator; complaints can be filed orally in some instances; the court may consider awarding punitive damages. It is expected that this Act will change the landscape of consumer cases in Thailand.

Written by Ittirote Klinboon, Attorney-at-Law; Tiziana Sucharitkul, Co-Managing Partner; and Addy Punsan, Paralegal; Dispute Resolution Department, Tilleke & Gibbins International Ltd. Please send comments or suggestions to Marilyn Tinnakul at marilyn.t@tillekeandgibbins.com

IKEA COMING TO COLARADO???????????

Centennial is set to get a big boost to their economy with the announcement that IKEA — the world’s leading home furnishings retailer — is planning on opening a store in the city.

IKEA submitted plans yesterday to the city of Centennial to build a 400,000-square-foot store along the western side of Interstate-25 in the Park Meadows area. Along with the 500 jobs that are expected to be created during the construction phase, IKEA Centennial will provide 400 jobs once the store opens and a great deal of sales and property tax to the city, according to Joseph Roth, director of public affairs for the Swedish retailer.

Local stores not worried

Local furniture stores didn’t seem worried that IKEA would hurt their business.

“Furniture Row Company looks forward to IKEA coming to Centennial,” said John Knippenberg, Furniture Row’s advertising manager. “They, like us, are an exciting national retailer who will create and add awareness and interest for home furnishings in the Denver region,”

“It’s a great thing to have happen to Denver,” said Mark Waldbaum of Woodley’s Fine Furniture. “It’s more choices for the consumer and a well established company.”

Roth said that IKEA could actually help business for other furniture stores by raising awareness of the possibility of affordable redecorating.

“Any retailer who offers affordable home furniture will benefit,” he said.

Good for all

There are more than 75,000 Colorado IKEA customers who have ordered products from the retailer online, said Roth. The Centennial store would join the over 280 IKEA stores in 36 countries, including 35 in the United States.

If the city approves the plans, the Centennial location will likely bring in a large client base. With 1,700 parking spaces, nearly 10,000 exclusively designed items and a 350-seat restaurant serving Swedish specialties, the store would be ready for business.

“We are thrilled to submit plans for IKEA Centennial where we can build upon our western U.S. presence,” said a statement from Doug Greenholz, real estate manager for IKEA. “This proposed IKEA store would bring existing Colorado customers a store of their own and would introduce other Coloradans to the unique IKEA product selection and family-friendly experience.”

Gene Davis, DDN Staff Writer

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ATTN NYC: IKEA SALE ENDS SOON!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Hurry in for the IKEA Summer Sale. From now until June 9th, save 20%-60% off select items throughout the store. Monday June 9th is the last day, so don’t wait to take advantage of us! Go to www.IKEA-USA.com
	All good things must come to an end, but there's still time to fill up on payloads of select home furnishings at 20-60% off our already-low prices. You'll find everything from summer furniture to storage (both big and small) to sofas, mattresses, bathroom accessories, lighting—and yes, you can even get the kitchen sink! Check out the website now and start your shopping list! Remember, the Summer Sale ends Monday, June 9th! Find your nearest store
	When you come to IKEA during the Summer Sale, you can fill up on more than just great design! We serve hot, tasty and nourishing meals all day long, starting with a full breakfast for just 99¢! See what's being served at your IKEA store
	Only 3.5% Sales Tax With IKEA Elizabeth's 3.5% sales tax, now furnishings are more affordable than ever. Plus, every Saturday and Sunday take advantage of our complimentary NYC shuttle from Port Authority to IKEA Elizabeth. (3.5% sales tax and complimentary NYC shuttle only at IKEA Elizabeth.) For details, call 1-800-BUS-IKEA. -------------------------------------------------------------------------------------------------------------- IKEA Summer Sale: May 22, 2008 through June 9, 2008. Offer valid only at IKEA Elizabeth, Paramus, Hicksville, New Haven and Stoughton. Offer valid on in-stock merchandise only and while supplies last. Not valid on prior purchases. Selection might vary by store. Not all offers valid at IKEA Direct. Some products require assembly. Visit us at www.ezfurnitureassembly.com for all your assembly needs

IKEA Posted The Largest Sales Growth in The Retail Furniture Market!

Hello Everyone!

To nobody's surprise, well at least mine IKEA has posted the largest sales growth Nationally in 2007. IKEA Has not only taken a step back and corrected issues with their current furniture but made some serious changes for the future which are not linited to but include the use of organic ingredients in their food section. As the President of a Professional Furniture Assembly & Installation service I have seen the changes in their materials as well as the steps taken to correct issues that made assembly 10 times harder with the possibility of damaging the piece. When I first started this company I actually hated Ikea, but over the years have begun to love them compared to other small competitors you find in department stores that are for the most part JUNK!! It has came to the point with those department store bought furniture that unless it is a unique piece we tell the customer nicely we do not assemble these products. It actually boils down to basic math. Our industry n ormally charges 33.3% for assembly so if someone buys say a computer desk from ABC store and it cost $200.00 our charge would be about $66.00, but because the piece is so poorly made it takes the technician 4 hours to correct the mistakes, adjust the doors, drawers, and so forth so it is correct. So the technicians do not or will not do these jobs and the company doesn't make any money when and if they do. However, we rarelly see these issues with IKEA and that makes a big difference when we quote a price because we can look back on previous jobs to see how long it took John Doe to assemble this piece. There are better companies that sell RTA or Flatpack Furniture but 80% of our customers are IKEA customers. Here is a brief overview about the company that some of you might find intresteing,

How Swede it is. One of the world's top furniture retailers, IKEA International sells Scandinavian-style home furnishings and other housewares in about 270 stores in 35 countries. To cut transportation costs, IKEA uses flat packaging; customers assemble the products at home. The company designs its own furniture, which is made by about 1,300 suppliers in more than 50 countries. IKEA's stores feature playrooms for children and Swedish cuisine restaurants. It also sells by mail order and online. An acronym for founder Ingvar Kamprad and his boyhood home, Elmtaryd, Agunnaryd, IKEA began operating in Sweden in 1943. It is owned by Kamprad's Netherlands-based charitable foundation, Stichting Ingka.

REMEMBER: If you need professional furniture assembly or installation please contact EZ Furniture Assembly & Interior Innovation, LLC and one of our customer service representatives will help you with everything from choosing the right furniture to turning a few carboard boxes into your bedroom.



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Banned IKEA Commercial of kid with Dildo! FUNNY!!!!

This is without a doubt a must see from the IKEA Banned Commercials. If you need a good laugh this is it! If you have any cool videos or clips please feel free to share them. This video is compliments of Youtube!!



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