Section Code: 0461 - 0471
Thai Civil and Commercial Code
DUTIES AND LIABILITIES OF THE SELLER
Section 461. Delivery
The seller is bound to deliver to the buyer the property sold.
Section 462. Definition of Delivery
Delivery may be made by doing anything which has the effect of putting the property at the disposal of the buyer.
Section 463. Delivery through Carrier
If the contract provides that the property sold shall be sent from one place to another, delivery takes place at the moment when the property is delivered to the carrier.
Section 464. Cost of Transportation borne by Buyer
The costs of transportation of the property sold to a place other than the place of performance are to be borne by the buyer.
Section 465. In a sale of movable property:
- Where the seller delivers the property less than he contracted for, the buyer may reject it; but if the buyer accepts it, he must pay the proportionate price.
- Where the seller delivers the property more than he contracted for, the buyer may accept the property according to the contract and reject the rest, or he may reject the whole. If the buyer accepts the whole of the property so delivered, he must pay the proportionate price.
- Where the seller delivers the property he contracted for mixed with the property of a different description not included in the contract, the buyer may accept the property according to the contract and reject the rest, or he may reject the whole.
Section 466. Imperfect Performance
In a sale of immovable property where the total area is specified and the seller delivers the property less or more than he contracted for, the buyer has the option either to reject or accept it and pay the proportionate price.
If the deficiency or excess does not exceed five per cent of the total area so specified the buyer is bound to accept it and pay the proportionate price, provided that the buyer can rescind the contract if the deficiency or excess is such that had he known of it he would not have entered into the contract.
Section 467. Statute of Limitations for Imperfect Delivery
No action for liability on account of deficiency or excess can be entered later than one year after delivery.
Section 468. No Time Clause – Seller can hold property until Payment
When there is no time clause for payment of the price, the seller is entitled to retain the property sold until the price is paid.
Section 469. Bankruptcy Before Delivery
Even though there is a time clause for payment, if the buyer becomes bankrupt before delivery, or was bankrupt at the time of sale without the knowledge of the seller, or impairs or reduces security given for payment, the seller is entitled to retain the property sold, unless the buyer gives proper security.
Section 470. Buyer Defaults
When the buyer is in default, the seller who retains the property under the foregoing sections can, instead of using the ordinary remedies for non-performance, notify the buyer in writing to pay the price and incidental charges, within a reasonable time to be fixed in the notice.
If the buyer fails to comply with the notice, the seller can sell the property by public auction.
Section 471. Public Auction
The seller shall deduct from the net proceeds of the public auction what is due to him for the price and incidental charges and deliver forthwith any surplus to the buyer.