If you have decided to buy into the entertainment industry in Thailand, buying a bar in Pattaya as described it is always best to ensure that you obtain the entertainment license before signing a lease agreement for the property. When signing a lease agreement always be certain to obtain the services of a solicitor in Pattaya to review the agreement for you and to ensure that the agreement is between yourself and the owner of the property. This is important as the owner might not allow sub-leasing and it would be difficult to obtain legal settlement should the agent decide to walk off with your money and no valid agreement in place.
Thai law makes it very clear that unless otherwise provided by the contract of lease, a lessor cannot sub-lease or transfer his rights in the whole or part of the property leased to a third person. If a lessor acts contrary to this provision, the lessor may terminate the contract. Should you have gone though all the effort to obtain company registration and a work permit only to find that your lease agreement is not valid – all your time and money would be wasted. Consider the options and agreements very carefully, better yet let your solicitor view the agreements first!
If you are taking over the lease from another business or owner, be certain to view the agreement first and see how long the original lease was for and how much time is left on the lease. This again is very important as Thai law clearly states that a lease of immovable property is not enforceable by action unless there be some written evidence signed by the party liable. If the lease is for more than three years or for the life of the lessor, it is enforceable only for three years unless it is made in writing and registered by the competent official. Again, speak to a solicitor about a lease agreement and to view for you the validity of the lease and the time left on the lease. They say that GOD only protects sailors, children and drunken men – be sober minded enough to see the importance of proper legal advice!
Speak to us in Pattaya today for further legal advice, better yet call our toll-free US or UK telephone numbers.
