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32. Case No. (Red) 2 /2561

Issues to be determined: ( 1) Did the Respondent breach its obligation specified in the
Agreement to Buy-Sell Condominium Units?
(2) If the Respondent did so; the Claimant shall have the right to

compel the Respondent to register the transfer of the condominium unit in dispute to the
Claimant or to claim for all or any payment form the Respondent as stipulated in its Statement
of Claim or not.

After taking examination, the parties accept that The Claimant, as the buyer entered

into the Agreement to Buy-Sell Condominium Units with the Respondent, as the seller June 2008.
the condominium unit purchased by the Claimant from the Respondent is Unit No. 13 D. on the 13
the Floor with the purchase price totaling Baht 36,500,000. The Claimant paid the purchase price in
full totaling Baht 36,500,000 to the Respondent. After inspecting the Unit, the Respondent handed
the Unit over the Claimant but did not register the transfer of the Unit to the Claimant. However,
the Claimant took the possession of the Unit and repeatedly tried to demand the official transfer
the Unit as well as the Respondent to comply with the covenants of the Agreement. Nevertheless,

the Respondent failed to do as demanded.

Award

The Tribunal has examined the Evidence. The Tribunal finds that for the first issue
the Respondent breached its obligation specified in the Agreement to Buy-Sell Condominium Units.
Therefore, the Respondent (the seller) had the duty to register the title of ownership to the Claimant
(the buyer) on Prospective Buyer’s having paid Prospective Seller the amount of Baht 36,500,000
(Thirty Six Million and Five Hundred Thousand Baht) through three payments. The date of the third
payment (final payment) was on December 2009.
However, the Respondent asserted that it had an excuse that there was a force

majeure in non-performance of its obligation to register the transfer the title of the disputed
Condominium Unit to the Claimant.
Since Force Majeure is generally intended to include occurrences beyond the
reasonable control of a party, and therefore would not cover any result of the negligence or
malfeasance of a party, which has a materially adverse effect on the ability of such party to perform
its obligations. In sum, it is externality, namely the respondent must have nothing to do with the
event's happening.
In this case, the Respondent brought the disputed Condominium Unit to mortgage

with someone in amount of 35,000,000 Thai Baths on June 2015. Therefore, the Respondent could
not transfer the title of the disputed Condominium Unit to the Claimant because of its action. Thus,
the inability to transfer the title of the disputed Condominium Unit occurred from the act of a
Managing Director of the Respondent and there was no Force Majeure in this case to exempt the
Respondent to fulfill its obligation under the Agreement to Buy-Sell Condominium Units.
For the second issue as for the liability of the Respondent, it is as follows:
1) The Respondent shall fulfill its obligation as specified in the Agreement to Buy-
Sell Condominium and provisions of Section 213 of the Civil and Commercial Code of Thailand.