Condominium Unit Purchase Agreement
C-View 1
Condominium Project
Date: 21-Sep-2012
Unit: 602
Ownership: Foreign Ownership
This Agreement, entered into and made effective as of 21-Sep-2012 and between
Tawan Jantra Co., Ltd. registered 0205547025443 having a registered address/office at 306/96-97 Moo 12, Thappraya Road, Sub-District of Nongprue, District of Banglamung, Province of Chonburi, Thailand 20150 ,Hereinafter referred to as "The Seller" of the party (details appear in Annex 1, attached as an integral part of this agreement).
Bank Details
"The Siam Commercial Bank Public Company Limited
9 Rutchadapisek Rd., Ladyao, Jatujak, Bangkok 10900
Swift Code: SICOTHBK
Account No. 834-213794-3
Thepprasit Branch
Account Name: Tawan Jantra Co., Ltd.
"
For Reference: Please put buyer name, project name & unit number
And
Mr. Oleg Sidorov
Mr. N/A
Mr. N/A
Citizen of Russia Passport number 70 4245522
having a registered address at 62 Volodarskogo str., kvartira 64, Kurgan city, Kurganskaya oblast, Russia, 640000
Phone +7-912-527-3488 N/A
E-mail: Iudjinia@yandex.ru
(Hereinafter called the “Buyer”) (Details in Annex 2, attached as an integral part of this agreement).
WHEREBY it is agreed by and between the Parties as follows:
WHEREAS, the Project is located under the Deed No. 2807, 2808, 5438, 5467 Land no. 128, 129, 85, 70 and Survey page no. 1237, 1238, 2354, 2383, situated in Nongprue Sub-District, Banglamung District, Chonburi, Metropolis, with the total area of approximately 1 Ngan, 79.3 Sq. Wah. (details as appear in Annex 3, attached to this Agreement as the integral part of this agreement), (hereinafter called “Project Site”), and:
WHEREAS, the Seller is constructing and developing a residential condominium building with car park on the Project Site, (hereinafter called “C-View 1”), which will be registered as a residential condominium under the name “C-View 1” in accordance with the Condominium Act B.E. 2542 (1999).
Definitions
Unless otherwise provided in this Agreement and the Annexes, the parties agree that the terms used herein shall have the following meanings:
1. “Condominium” means the building with car parking spaces, being constructed on the “Project Site”, which shall be registered as a residential condominium under the name “C-View 1”, comprised of units to be used for residential purpose, and facilities in respect of which the owner of each unit shall have proportional ownership, each part being comprised of individual ownership in Private Property and co-ownership in Common Property.
2. “Common Property” means parts of the Condominium excluding the Units, but including the land on which the Condominium is situated and other property available for the common use or benefit of the Co-Owners.
3. “Co-Owners” mean all other owners of the units in the Condominium.
4. “Juristic Condominium” means a juristic person registered pursuant to provisions of the Condominium Act B.E. 2522 (1979) (to manage and maintain the Common Property of the Condominium and is empowered to do any acts and things for the common benefit of the Co-Owners in accordance with the said objectiveness).
5. “Private Property” means a unit and any construction of land allocated as the property of each owner of that Unit.
In case where any term has not been defined in this agreement, such definitions in the Condominium Act B.E. 2542 of Thailand shall be applied.
Section 1: Unit Details
The Seller agrees to sell and the Buyer agrees to buy a Condominium unit (finished with: all electric receptacles & wiring, breaker box, internal doors, entrance door, windows, balcony sliding doors, sanitary fittings and rendered internal divider walls, ceramic floor tiles, gypsum ceilings, wall colored finishing, full sanitary appliances, air-conditioning, ceiling sunken-lights, pantry appliances & light fittings). Complimentary furniture package detailed in Annex 4, attached as an integral part of this agreement.
#REF!
#REF!
#REF!
#REF!
The condominium unit (hereinafter called the “Condominium Unit”) is unit number
602 , Type CV1-B of 45 square meters, located on floor / level 6
as described in the building scheme of the project (details in Annex 3, attached as an integral part of this
agreement). C-View 1 project condominium. Located in Pratumnak Soi 4, Pratumnak Rd., Nongprue, Banglamung, Chonburi, covering a total area according to the title deeds of approximately 1 Ngan, 79.3 Sq. Wah., with the ownership percentage of the common area, which belongs jointly to all co-owners, set according to the ratio determined in the registration of the above condominium unit as pertains to The Condominium Act B.E. 2542 (A.D. 1999).
Section 2: Payment
The contracting parties agree to sell and purchase the condominium unit under Section 1.
Hereof at the price of 2,670,000.00 Baht (Two Million Six Hundred Seventy Thousand Baht only)
(hereinafter: “the agreed sales price”).
Whereby the Buyer agrees to make the following payments to the Seller:
2.1 Previously the Buyer paid the holding deposit amount of 10,000.00 Baht
(Ten Thousand Baht only)
2.2 On the signing of this contract “The Buyer” will pay to “The Seller” by 21-Sep-2012 the total sum of
657,500.00 Baht (Six Hundred Fifty Seven Thousand Five Hundred Baht only)
2.3 First stage payment will be paid on 21-Dec-2012 the total sum of 600,750.00 Baht
(Six Hundred Thousand Seven Hundred Fifty Baht only)
2.4 Second stage payment will be paid on 21-Mar-2013 the total sum of 600,750.00 Baht
(Six Hundred Thousand Seven Hundred Fifty Baht only)
2.5 The final stage payment will be paid on 30-Jun-2013 the total sum of 801,000.00 Baht
(Eight Hundred One Thousand Baht only)
, (hand over) the Buyer shall pay to the Seller after the Seller has finished construction of the building within the time period in Section 4, and the Seller has granted the occupancy of the Unit to the Buyer.
The Buyer may apply for a loan, corresponding to such balance from any financial institution or bank, for making such payment to the Seller. However, if such financial or banking institution does not deem that it is appropriate that the Buyer is qualified to grant such loan/credit, the Buyer must acquire such balance from any source to stand the installment, which is to be paid to the Seller due to the terms and conditions of this agreement.
Section 3: Default on Payment
The Buyer agrees to strictly comply with the terms and condition of section 2. In case the Buyer is in default of making payment for any installment, regardless of any reason whatsoever or if the Buyer is unable to secure money from any other financial institutions to make payment to the Seller within the specified time, it shall be deemed that the Buyer is in default. If the Seller has notified the Buyer of such default by email or registered mail and the Buyer does not make the payment within 15 (fifteen) days of the Seller sending the notification to the address/office as appeared in this agreement, the Seller is entitled to terminate this agreement forthwith and re-sell the unit to any person, for which the Buyer states that are fair due to the consequences of his default, and the Buyer agrees to waive all rights of claim against the Seller.
If the Buyer fails to pay any installment payment or fails to accept the transfer of ownership in the Unit on the date and time as notified by the Seller under Clause 6 of this Agreement, it shall be deemed that the Buyer is in default and the Seller may also charge interest at the rate of 15 (fifteen) percent per annum on each outstanding installment payment until the payment is made in full. The charging of interest shall not deprive any of the Seller’s right to terminate this Agreement and forfeit other payments already made by the Buyer or exercise other legal rights.
Section 4: Time Period of Construction
The Seller shall finish the construction of the building up to on 30-Jun-2013 However, it
is agreed that 10 months of delay will not be considered as a default of the Seller’s part,
regardless of any reason whatsoever. The Seller will take responsibility for all damages arising during the course of construction. In case of acts of God (Force Majeure) the seller shall not be held responsible for delays to construction. The building will be classified as complete & ready for handover when construction of the structure and interiors are finished and the unit is ready to be occupied. This does not include project landscaping, the roof area and external public areas.