Introduction To Marital And Personal Property Under Thai Marriage Laws

A Thai prenuptial agreement, also called a premarital or ante-nuptial agreement in Thailand, is a legal document, signed by both parties before marriage in Thailand. Under Thai law the prenuptial commonly lists each party’s personal assets, and could give management of certain jointly owned marital property to one of the parties. It could also state potential division of jointly owned marital property if the marriage is later dissolved (at death or divorce).

Community and personal property under Thai marriage laws:

Under Thai marriage laws personal property of each spouse remains personal property of each spouse during the marriage. If personal property has is exchanged to other property, other property has been bought or money has been acquired from selling it, such other property or money acquired shall remain personal property of that spouse.

Property acquired from income (income in the form of a salary) and fruits from personal property (any income derived there from) during the course of the marriage will become marital or jointly owned property between husband and wife (marital property means property between husband and wife pertaining to marriage or relating to marriage in Thailand). Marital or community property between husband and wife will, with some exceptions (property acquired by either spouse during marriage through a will or gift), consist out of all property acquired during the marriage, even if it is not titled in both names.

An official Thai marriage (opposite to a Buddhist ceremonial wedding) is an internationally recognized marriage and foreigners marrying in Thailand should in addition to legal advice locally in Thailand seek legal advice in his or her home country to assess the consequences of the marriage in their home country.

A prenuptial agreement in Thailand must be registered prior or at the time of marriage at the local amphur (district office) or the Civil and Commercial Code (sections 1465 to 1493) will describe the couples marital property regime.

Commercial Property – A Very Profitable Investment Option

Saving for the rainy day is a basic human instinct. Generally, people try to inculcate the habit of saving in their children right through their growing years. Thus, by the time the kids start earning, they are inclined towards putting aside a part of their earnings for future use. Today, as people have become more literate and aware, they have realized that saving merely in the form of money in the bank is not enough. The growing economy offers a number of investment avenues through which their money can multiply at an amazing rate. One of these is investing in property. In fact, real estate investment is considered one of the safest investments in the world! Usually, when people talk about buying property, they mean purchasing a house, villa or condo, etc. that they can live in or rent out. However, those who are seriously interested in making their assets grow by investing in real estate do not limit themselves to residential properties and put their money in commercial real estate as well. Commercial properties are the places or buildings that are meant to be used as workplaces. These can be a factory, shop, office, hotel/restaurant, business center, etc. Depending on your budget, you may buy an entire commercial building or just a single unit in it. Investing in commercial property offers several advantages. The chief among them are – * High income – Commercial properties may come at higher prices than residential units, but their rental values too tend to be significantly higher. The appreciation in the rents also happens at a better rate. Most commercial properties can be used by any sector of the economy. Therefore, down slide in a particular sector does not cause any loss to the owner. * Long-term tenancy – Commercial places tend to be leased out for a longer time period than the residential properties. Businesses benefit by offering a stable and established location to its employees and customers/clients. Relocating too frequently is detrimental to their image and also causes considerable expenses. Thus, the owner of a commercial property is assured of long-term tenancy and regular income. * Least maintenance headaches – As compared to individuals or families renting your residential property, businesses occupying your commercial space make fewer maintenance demands on you. Once you modify the place as per their requirements, you will not have hassle to keep the tenant satisfied. * Excellent capital appreciation – Over the years, real estate has proven to be a more secure, stable and profitable investment avenue as compared to other options like the stock market. Commercial real estate particularly has shown tremendous appreciation in capital value. Thus commercial property is something that would appeal to intelligent investors who are interested in a good, long-lasting income-producing asset. Harji Realtors is one of the leading real estate agents in the region of Chandigarh, Mohali and Kharar.For more information on great deals in Sunny Enclave and the best Sunny Enclave Plots check out our website

Commercial Property Appraisals And Property Valuation In Atlanta GA And The Southeast US – How Much

There exist many reasons for seeking professional valuation of your commercial property, from preparing to sell to seeking funds or investment to upgrade. Commercial property appraisals should be approached with the expert assistance of a licensed appraisal professional – who can most effectively and properly execute a property valuation in the Atlanta GA or surrounding area.

Following are some important considerations to note, and answers to frequently asked questions, provided by Fletcher and Company. Fletcher & Company is a full service land, residential, industrial and commercial Georgia Real Estate Appraisal Firm providing property appraisal reviews, appraisal reports and industrial property valuation throughout the southeast U.S. appraisal coverage area, including Tennessee, North Carolina, South Carolina, Alabama, Florida and Georgia, and metropolitan areas in and around Atlanta including Roswell, Macon, Columbus, Griffin, Lawrenceville, Douglasville, and Fort Valley. .

1.? What is the range of services a commercial appraiser should provide?

A truly comprehensive professional appraisal services firm should provide the following services:
Appraisals for federal and non-federal related transaction lending situations
Tax assessment review, advice and appraisals
Advice in eminent domain and condemnation property transactions
Dispute resolution – divorce, estate settlements, property partition suits, foreclosures and zoning issues
Feasibility studies Capitalization rate studies
Market rent and trend studies
Expert witness testimony
Land utilization studies 2.? What property types are typically covered by a commercial property valuation agency?

Commercial appraisal service providers in the Atlanta, GA area typically provide coverage for:
Apartment Buildings & Complexes
Office & Retail Condominiums
Industrial Condominiums
Hotels and Motels
Industrial Buildings
Mixed-Use
Self-Storage Facilities
Shopping Centers
Office Buildings
Retail Buildings
Subdivisions (Commercial, Residential, Industrial)
Mobile Home Parks
Vacant Land
Farms
Restaurants
Nursing Homes
Gasoline/Convenience Stores
Resort Property
Religious Facilities
School Facilities
Single-Family Residential
2-4 Unit Multi-Family Residential
Rock Quarries
Golf Courses
Hangars
Marinas
Car Washes 3.? When hiring an appraiser, what questions should I ask?

To be confident and sure that the commercial appraisal firm you’re considering is qualified and experienced in their work, the following questions are appropriate:
What type of professional designations do you have and from whom?
Are you licensed or certified in the states you practice? Like any job you are contracting out, it pays to compare the resumes of appraisers whom you are interested in having prepare a bid. This is the first place to start.

4.? What appraisal approaches will be used in appraising my property?

The three most commonly accepted valuation approaches to value are the “cost approach”, the “sales comparison approach” and the “income approach”.

The cost approach combines the value of the land and depreciated site improvements with the depreciated value of the building. The sales comparison approach compares the property to others and adjusts for differences. The income approach takes market rents, subtracts a vacancy allowance and expenses, and takes the resulting net income and turns that into value using a capitalization rate.

It is rare that all three commercial property valuation approaches are done, and isn’t typically required. Appraisal theory has largely discredited the cost approach as reflective of market value and commercial appraisers seldom provide it except in newer construction and special purpose properties.

The sales comparison and income approaches are the primary valuation methods used for commercial properties. Even then, there are times when one of these approaches does not reflect the market and although it might be performed, it is given little or no weight in deciding on the final value conclusion.

5.? How are approaches to value selected for use in preparing a bid?

Fees for professional commercial appraisers will typically reflect the cost to perform two approaches to value, usually the sales comparison and income approaches. Even if a particular approach is not performed, time is still invested in searching and analyzing data. This occurs most frequently in areas where too few comparable sales occur. There are times when a third party, such as a lender, will require the cost approach to be performed. Let your appraiser know beforehand if this is the case.

6.? If I don’t like the appraised value, what can I do about it?

That depends upon many things. The best place to start is to speak with the appraiser(s) who signed the report. It’s possible that he/she may have overlooked one or more important factors which affect the value of your property; if you mention it in your conversation, you may find the appraiser willing to reconsider the value conclusion. Of course, if you are not their client (such as when your bank orders the appraisal), they are not required to speak about the appraisal and may be in violation of the licensing law or professional standards if they do so.

It’s important to remember that the appraiser is an unbiased third party. Their job is to find out the good and the bad about a property and report it, not to favor a direction. The better appraisals are round-tabled by professional review staff and carefully scrutinized before they are released, so you get the benefit and knowledge of more people than just those involved with the report.

If you are still dissatisfied, you can get a second opinion by hiring another appraiser or insist that a review appraisal be performed on the original report. If there is a large discrepancy in value, you or a third party may be able to negotiate an intermediate position.

7.? How much do commercial property appraisals cost?

Every appraisal is different, so fees are quoted individually on a per job basis. Generally, prices depend on the number of properties and the complexity of the assignment, though appraisals used as evidence in court cases command a higher price. Fees are normally calculated based on the number of hours it takes to do a report and the fee structure of the personnel involved, with modification for overtime if a rush assignment is required.

8.? Why do special purpose properties cost more?

Special purpose properties require research of a wider trade radius, sometimes the entire United States! Fees are based on time estimates, so the more time that is invested in finding comparable properties, the higher the fee. Also, the market analysis section of the report many times requires a greater amount of research time and it is not uncommon to have to purchase studies performed by industry experts to properly show the dynamics affecting the property type.

9.? What is a typical turnaround time?

Commercial appraisal delivery times typically range from two to four weeks, depending upon the complexity of the property and your needs. It requires one to two weeks to do the research, verify the factual nature of the information, perform a market study of the area and write the report. Typically, delivery times less than two weeks are rush orders and they command a price premium.

10.? How can I help shorten the turnaround time?

The number one way to help shorten the turnaround time is to provide your commercial or residential property appraiser with the written information they need as soon as possible. Copies of leases, deeds, rent rolls, income and expense statements and other items listed on our engagement letter are the needed as soon as possible. Delay in providing one or more of the necessary items will almost always result in a delay in the appraisal process.

11.? If you don’t come up with the value I want, do I have to pay for the appraisal?

Appraisers must maintain a third party position to your transaction. No appraiser can accept an assignment where bias could be interpreted. USPAP has a phrase used verbatim by many appraisal firms on their letters of transmittals:

“Our assignment was not based on the reporting of a predetermined value, a direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result or the occurrence of a subsequent event directly related to the value opinion.”

USPAP is very clear on this issue. Appraisers cannot be advocates for any client. Although it may seem unusual to some users to have to pay for a report that did not provide them a favorable outcome, appraisers governed by appraisal licensing laws must remain objective.

If there is any uncertainty in the value, clients should have the appraiser perform a restricted appraisal first and then upgrade the report to a summary or self-contained if the value is satisfactory. This is acceptable appraisal practice and one not often suggested by an appraiser.

12.? Why are the fees for commercial appraisals so much higher than residential appraisals?

There are many reasons why there is such a great discrepancy. The most important difference is the amount of time it takes to prepare each type of report. Most skilled residential appraisers can do a residential report in a half-day whereas a skilled commercial appraiser needs at least a week.

Residential reports are on a common form with a standardized property type whereas commercial appraisals are mainly free-form documents with information that varies with the property type, market and client needs. Special use commercial properties take longer and can have a multi-state data search radius, thus making it more time intensive and costly to perform than more common property types such as office and apartments.

13.? I paid my lender for the appraisal, therefore I should own it.

The appraisal is legally owned by the client, unless the lender “releases its interest” in the document, typically in writing to us. If the lender ordered it, they own it. If you just want a copy of the appraisal, under the Equal Credit Opportunity Act you can be given a copy of it upon written request of the lender.

14.? If I didn’t order the appraisal, can I find out the appraised value?

Only if you ask the person who originated the order and they provide permission in writing. However, most appraisal companies cannot give you this information because it would violate the ethical standards governing their appraisal practice.

It doesn’t make sense to me to hire you (the appraiser) if I don’t know you’ll come up with the value I need. Can you give me a guarantee?

It is a violation of state laws and the appraisal licensing laws to provide a value opinion without doing an appraisal. Although a guarantee can’t typically be given, in some cases a restricted appraisal can be performed that will tell you what the property is worth. If the value opinion is acceptable, the report can be upgraded to a summary or self-contained format for a higher fee.

15.? I paid for the appraisal. Why am I not entitled to get a copy?

The client is the person who engages the services of the appraiser, usually in the form of an engagement letter. Many times the lender is the one who issues and/or signs an engagement letter, making them the client. It does not matter who pays the bill. Only the client and those whom he has specifically authorized are allowed to receive a copy of the report from the appraiser. If the person who pays the bill is not the client, verbal or written permission is required for the appraiser to release the appraisal to anyone else.

16.? My lender said I need to get an “MAI appraisal”. What is it?

The term MAI, which stands for “Member Appraisal Institute”, is a registered trademark of the Appraisal Institute. The Appraisal Institute is a trade organization. There is no such thing as an “MAI appraisal.” Persons requesting an “MAI appraisal” mean that the report should be prepared by an MAI designated member of the Appraisal Institute. Each appraiser needs to be judged by his/her merits rather than the association to which they belong. *Note – it is considered discriminatory by FIRREA to consider or not consider an appraiser for an assignment based on a trade designation. Fletcher & Company houses three appraisers that are associate members of the appraisal institute and one appraiser that is a CCIM candidate.

17.? Will the market value equal assessed value?

While most states support the concept that assessed value approximate estimated market value; in practice, this often is not the case. Examples include when interior remodeling has occurred and the assessor is unaware of improvements, or when properties in the vicinity have not been reassessed for an extended period.

18.? Shouldn’t market value approximate replacement cost?

Market value is based on what a willing buyer likely would pay a willing seller for a particular property, with neither being under pressure to buy or sell. Replacement cost is the dollar amount required to reconstruct a property in-kind. Rarely are they the same number.

19.? My broker performed a market valuation. Why do I need an appraiser to perform one?

There are many reasons why valuations are required to be done by appraisers. First and foremost, the appraiser is an independent, third party. Many times, the appraiser is the only one in the transaction that does not have a vested interest in the outcome. This is the reason for the creation of the appraisal industry in the 1930’s. Another important difference between a broker’s valuation and that performed by an appraiser is that a licensed appraiser is bound by USPAP, whereas a broker is not.

20.? What are the differences between an informal appraisal and a formal one?

Those outside the appraisal profession have different interpretations of formal and informal reports. When a client simply wants “a number” and not a long document, he/she will often call it an informal appraisal. Those outside the appraisal field often refer to the old “letter of opinion” report as an informal report, although terms such as “update appraisal”, “recertification of value” and “evaluation of real property collateral” have also been used. When USPAP became effective in the late 1980’s, appraisers no longer used this terminology because a letter of opinion and the derivatives above became a violation of multiple USPAP regulations. Now known as the restricted report format, appraisers are required to do substantially more work to issue this type of report.

21.? I’m told there are three types of “formal” reports I can usually order. What’s the difference?

The final appraisal product delivered to you depends on the type of report specified by your agreement. The parameters of the three types of appraisal reports are defined by USPAP. The primary difference is in the terms describe, summarize and state. Describe means to provide a comprehensive level of detail, summarize is providing a more concise presentation of the information and state means to provide a minimal presentation of the information.

For “formal” reports, USPAP dictates that appraisers can issue three types of reports.

Self-Contained:

In this report option, the appraiser provides all of his/her data and rationale that was used in the development of the appraisal. All conclusions and data sources are fully disclosed and discussed. Two practical tests can be used to determine if a report is a self-contained document:

1. The content of the report fully describes the data, reasoning and each conclusion to such a degree that there is no need to consult other data sources or to inquire how the appraiser reached a conclusion.

2. Information sources cited within the report are included in the document, within reason. Citing a book does not require the inclusion of the book in the addenda, but market studies or other material articles cited in a report should be included, especially if the appraiser relied upon them for supporting important conclusions. This is the type of report most often needed for commercial property lending.

Summary:

In the summary report, the appraiser summarizes his/her findings rather than fully describing them. This is a much shorter report than a self contained and many lenders accept this reporting type. Most residential appraisals are done on forms that are summary reports along with non-complex commercial assignments. The appraiser may summarize the data and his/her conclusions without explaining the full reasoning behind them.

Restricted Report:

This is the shortest type of report. A restricted report only states the conclusions of the appraiser with no explanation on how they were derived. Restricted reports are generally used internally or when a value must be reported quickly. Many clients order restricted reports when time is of the essence and then have them upgraded to a summary or self contained in the future.

An important caveat is that USPAP does not allow a restricted report to be used by anyone other than the client or someone intimately familiar with the property, so if the appraisal will be viewed by other third parties, a summary or self-contained report must be prepared. Appraisers cannot “recertify” this type of report to any other lender.

22.? What type of report do I need?

The appraiser is in the best position to tell you what type of report you need. He/she is required by USPAP to determine the scope of the assignment, the function of the appraisal and use of the report. To do that, he/she will need to understand your needs, so the appraiser is in the best position to recommend one or more of the above choices and to counsel you on what choice(s) would be inappropriate.

23.? What is the difference between a valuation and an appraisal?

The words valuation and appraisal are used interchangeably. There is no difference between them. The confusion began when lenders started using the term “evaluations” in the early 1990’s, implying that they were not appraisals. Soon, the “e” in evaluations was omitted. This issue has been addressed at length by the appraisal community and the Appraisal Foundation (the creators of USPAP) and an evaluation was found to be an appraisal. As discussed earlier, there are six possible combinations of appraisal and report; evaluations are not among them.

Fletcher & Company is the leading provider of Atlanta Commercial Appraisal Services in the Southeastern US. Virginia Konrad writes and comments about Internet business news and information on a regular basis, publishing material across several news channels and social media outlets, including Northern Virginia Business News.

Florida Commercial Real Estate – Having the Best Commercial Property

You can always take advantage of the recession and make some good profit in times of need. Are you wondering how this can happen? By simply investing your money in Florida commercial real estate, you will surely achieve your goal.

Florida is a well-known thriving part of the America. Money may be a little bit tight during recession but there is always a good business in Florida wherein tourists from all over the globe are flocking together. With this it is time for you to take advantage of buying a commercial property in Florida commercial real estate market. t.

These commercial properties are can be rented by prospective business owners or you can set your own business here since you have the advantage of having a good location. And after some few years when you are tired of the routine, you can even sell the place and earn a good profit from it. Normally these properties in Florida commercial real estate can double or even triple the price. With this, there will be a lot of prospective investors who will get interested of it.

Having your own Florida commercial real estate property can offer you a lot of things. As mentioned earlier, you can have it rented or open your own business using the property. You do not have anything to worry about since these properties are usually situated with those populated areas of Florida.

Opening your down business in Florida is a good idea since the money that you will use as your capital will never decrease. As we all know tourist is willing to spend for their vacation and that is good for the Florida economy not to mention their entrepreneurs. You might want to consider venturing into a hotel, spas, restaurants, bars and night clubs, shops and equipment rental for water sports and other activities. Even paid parking space is a good business idea in Florida.

When it comes to Florida commercial real estate, the location is always good. You dos not have to worry about wasting your money on a worthless piece of land even if you buy one in a small city because you can always expect to earn and appreciate after few years. Knowing all the advantages that you can get out of Florida commercial real estate, you can go ahead and start your investment. There are plenty of commercial properties that are available and for sure you will find the right one for your business ideas. You have to take time in searching and collecting selections. Once done checking the commercial real estate market, then it is time for you to make some comparisons among the selections that you have. This will help you end up with the right commercial property to invest.

Ella Ayson
Florida Commercial Real Estate

Kolkata Property Under Great Demand Of Investors

Kolkata is the most famous city in India. Kolkata is also called Cultural Capital of India it is now the major hub of IT sector in India. Kolkata is in top 5 tourism city in all over India. Day by day Kolkata commercial market is Increase Real Estate market of Kolkata is the in the boom because of price are competitively very less other then like Gurgaon, Noida, Pune, Mumbai ect.
Kolkata property economic growth only survives on the comfort ability of all the lessons of people in a civilization and what force them are the communications facilities. Kolkata Property is going through a demanding phase with numerous macroeconomic headwinds like poor for developers, augmented cost of building, less land prices, and low notice rates. These factors are keeping the home buyers present from the market. Kolkata property are like unitech fresco, Unitech Harmony, Godrej Prakriti, Realtech Gharoa, Realtech Maple Wood and many others all these property are located at the chief location of Kolkata Like Behala, Rajarhat, Garia, Barasat all these location is top allocation of Kolkata. Rajarhat is a planned township near International Airport and is touted to be the next IT hub of Kolkata.

Real estate Kolkata prices in South Kolkata are rapid on an uphill chart. The other areas that are experiencing high-quality increase are the new Rajarhat Township. Able to be seen cipher of the enlargement indications are the hike in property prices in these localities – rising up to Rs. 500 per sq ft in just a breadth of six months. The Kolkata property residential multifaceted provides the busy lives better security for expenditure carefree life for his or her exist become more & additional agreeable under the protection.

Most usually the resale flats in kolkata next to with Mumbai are under great demand of investors. As investing on the kolkata property allows the investors to find the same good facilities, amenities, property along with lavishness but priced half the price as other city property. So this way the investors are going to enjoy a great deal of investing on the most desired property meeting completely well with their pocket. So with making investment on the Kolkata property, the buyers dont have to go out of their budget rather they are going to enjoy extremely benefits. Kolkata property projects are in the price-range of INR available on all demanding prices with the great enjoying thing.