Booking an Apartment in Cambodia: What to Check Before Paying

Prepared by the NovAsia Editorial Team

A booking payment for an apartment in Cambodia should be made only after you have received a written document identifying the exact unit, the agreed price, the reservation period and the circumstances in which the money will be refunded. A sales representative’s verbal assurance is not enough. If the document describes the payment as non-refundable, the buyer may lose it even if the main sale and purchase agreement has not yet been signed.

A booking form is not a substitute for the sale and purchase agreement, commonly referred to as the SPA. Its usual purpose is to remove one unit from the market for a limited period and to record the terms on which the parties intend to proceed. The central question is therefore not whether the booking fee is $500, $1,000 or more. It is what the buyer receives in exchange for that payment, what the seller must do next and which events trigger a refund.

This article provides general information, not individual legal, tax or financial advice. A Cambodian lawyer who is independent of the seller should review the actual booking form, project documents and SPA before a buyer commits funds.

What an apartment booking means in legal and practical terms

Cambodian developers use several names for an early-stage document: booking form, reservation application, unit selection confirmation or short-form agreement to purchase. There is no single mandatory template used by every project.

The substance matters more than the title. Even a one-page form may create enforceable obligations if it identifies the property, price, deadline and consequences of withdrawal. A buyer’s signature, combined with payment, may show that the parties have entered into a contractual relationship even though the full SPA remains unsigned.

A booking document commonly performs several functions:

• reserves a named unit for the buyer;
• fixes a price or promotional discount for a limited period;
• sets a deadline for signing the SPA;
• records the initial payment;
• states whether that payment is credited towards the purchase price;
• describes what happens if either party does not proceed.

Buyers should not treat it as a harmless registration form. The phrase “this is only a reservation” does not override the written terms.

Where a seller uses a pre-drafted standard form that the buyer has little realistic ability to negotiate, Cambodian consumer-protection rules and rules on unfair standard-contract terms may become relevant. Whether a person qualifies as a consumer can depend on the purpose of the purchase. Someone acquiring a home for personal or family use presents a clearer consumer context than a professional buyer acquiring multiple units for resale.

There is no single statutory booking-fee amount for every project

Cambodian projects do not all charge the same reservation amount. One developer may request a few hundred dollars, another several thousand dollars, while another calculates the payment as a percentage of the unit price.

The amount alone does not show how well the buyer is protected. A small payment may be entirely non-refundable, while a larger payment may be refundable if due diligence identifies a material legal problem. The document determines the legal and financial role of the payment.

The practical question is whether the sum is a separate reservation charge, part of the purchase price or security for the buyer’s future obligations.

The booking form should say expressly that the amount will be credited towards the purchase price when the SPA is signed. Without that wording, the seller may argue that the fee was paid separately for the reservation service.

Information the booking form should contain

The document should identify the parties and the property without ambiguity. “An apartment in the project” is not enough.

At a minimum, check for:

• the seller’s full legal name;
• the company registration number;
• the name and position of the authorised signatory;
• the buyer’s name exactly as shown in the passport;
• the project name and location;
• the building or tower;
• the floor;
• the unit number;
• the layout or unit type;
• the stated area;
• the agreed purchase price;
• the booking payment;
• the payment currency;
• the reservation period;
• the target date for signing the SPA;
• the refund and forfeiture rules;
• both parties’ signatures.

If the sale includes a parking space, furniture package, storage room or another separate right, record it at the booking stage. A salesperson’s statement that “parking is included” does not ensure that it will appear in the SPA.

For an off-plan unit, ask for the floor plan and unit plan to be attached or clearly referenced. The unit number should be consistent across the booking form, plans, price sheet and later SPA. A single digit error can create a dispute about which property was reserved.

The price must be fixed for the identified unit

The document should show the price of the selected apartment, not an advertising price “from” a lower figure.

Confirm:

• the full purchase price;
• the amount and basis of any discount;
• whether taxes are included;
• whether furniture is included;
• whether title-registration costs are included;
• whether transfer or handover charges are included;
• whether a different payment plan changes the price;
• the currency of the obligation;
• who pays bank and intermediary fees.

If a discount applies only when the SPA is signed within a specified number of days, that deadline should be written down. Otherwise, the buyer may understand that the price has been locked while the seller regards it as a time-limited promotion.

Be cautious with wording that permits the seller to change the price, size or specification unilaterally. Cambodia’s Ministry of Commerce Prakas No. 0067 identifies as potentially unfair terms that allow a business to alter materially the type, quantity, price or quality of goods or services without the consumer’s prior consent.

That does not mean every variation automatically invalidates the entire document. It does mean that a buyer should not accept an unlimited right for the seller to revise essential terms after taking the money.

When the booking payment should be refundable

A balanced form should list the events that entitle the buyer to a full refund.

Depending on the transaction, important refund events may include:

• the seller cannot demonstrate the legal authority to market the project;
• a required development licence or permit is missing;
• independent legal due diligence identifies a material defect;
• the chosen unit has already been sold or reserved to someone else;
• the unit cannot lawfully be registered to a foreign buyer;
• the foreign-ownership quota is unavailable;
• the seller changes the price;
• the seller substitutes another unit, floor or material area;
• the proposed SPA differs materially from the agreed booking terms;
• the SPA is not signed because of the seller’s failure;
• a lawful bank-transfer obstacle arises, where this condition was agreed in advance.

A refund clause should contain a deadline. “The payment will be refunded” does not tell the buyer when. A clearer provision states a defined number of business days and, preferably, that the funds will be returned to the original remitting account.

The clause should also allocate bank charges. In an international refund, the buyer may receive less than the original sum because of charges imposed by the sending bank, receiving bank and correspondent banks.

A statement that the fee is non-refundable “under all circumstances” is a serious warning sign. The seller should not retain the buyer’s money if the seller cannot provide the agreed unit or complete the transaction lawfully.

When the seller may be entitled to keep the payment

The form may allow forfeiture if the buyer changes their mind without a contractual reason, misses the SPA deadline or fails to make the next agreed payment.

Even then, the consequences should be specific:

• which deadline has been missed;
• whether notice must be given;
• whether the buyer receives a short cure period;
• how much is forfeited;
• when the reservation ends;
• when the seller may remarket the unit;
• whether any further damages can be claimed and how they are calculated.

The document should not give the seller an unrestricted right to keep the booking fee, resell the apartment and pursue undefined additional losses from the first buyer.

Prakas No. 0067 addresses standard terms that allow a business to interpret or terminate an agreement arbitrarily. Material amendments should not be imposed without the consumer’s written agreement.

Check whether inaction is treated as withdrawal. If the reservation expires unless the SPA is signed by a particular date, the deadline must allow enough time for legal review, translation and an international transfer.

The reservation period must allow meaningful due diligence

An unrealistically short reservation period makes due diligence little more than a formality. In two or three days, a foreign buyer may be unable to obtain the project documents, confirm the company’s status, review the SPA with a lawyer and arrange the payment route.

The time needed depends on the transaction. A completed unit with an existing title may be easier to assess than an off-plan development where the buyer must examine land rights, the developer’s licence, construction approvals, the intended title structure and the proposed SPA.

The booking period should be extended where the seller delays providing requested documents. A buyer should not lose the fee because the developer supplied the SPA on the final day.

A sensible process is:

1. The buyer pays the booking fee.
2. The seller provides the listed documents within a defined period.
3. The buyer completes legal and, where relevant, technical due diligence.
4. If no agreed material problem is found, the parties sign the SPA.
5. If a stated due-diligence condition fails, the booking fee is refunded.

If the form obliges the buyer to sign regardless of the due-diligence outcome, the review process has little practical value.

What to check about the developer before transferring money

Even a relatively small booking fee should not be sent to an entity whose identity and authority have not been established.

Cambodia’s Sub-Decree No. 50 on the management of real-estate development business, together with the relevant licensing Prakas, regulates development activity and the licensing or permitting of qualifying housing and co-owned-building projects. The Real Estate Business and Pawnshop Regulator is a key sector regulator.

Before paying, request:

• the company-registration certificate;
• the applicable development licence or permit;
• land documents;
• the construction permit;
• proof that the signatory is authorised;
• the seller’s official corporate bank account;
• the draft SPA;
• the unit plan;
• the payment schedule;
• an explanation of the intended title-registration process.

Prakas No. 047 replaced the earlier Prakas No. 089 and sets out development-licensing requirements. The source material indicates that projects above the applicable unit threshold require a licence from the sector regulator, while smaller projects may fall under a permit issued by the relevant capital or provincial financial authority. The precise requirement should be confirmed for the actual project and development structure.

A licence does not guarantee completion and does not replace contract review. Its absence where one is required is nevertheless a strong reason not to transfer funds until the issue is resolved.

Who should receive the booking payment

The funds should go to the seller named in the booking form or to a recipient whose authority to collect the money has been documented clearly.

The most straightforward arrangement is a bank account in the developer’s legal name. The account-holder name should match the company identified in the booking form and intended SPA.

If a salesperson asks the buyer to pay an agent, an individual or another company, obtain:

• the written legal basis for that arrangement;
• evidence of the relationship between the developer and recipient;
• authority to collect the funds;
• confirmation that payment discharges the buyer’s obligation to the seller;
• an official invoice or receipt;
• the refund procedure.

“Everyone pays this way” or “it is faster” is not adequate support for an international transfer.

The transfer reference should identify the buyer, project, unit and nature of the payment. Confirm bank instructions through an independent channel because payment details in email or messaging accounts can be altered by fraudsters.

After the transfer, obtain a receipt from the seller—not merely proof that the buyer’s bank sent the money. The seller’s receipt confirms that the amount was received and allocated to the correct unit.

Where a spouse, relative or company pays for the buyer

The person sending the funds may be different from the named purchaser. That is not necessarily prohibited, but the arrangement should be approved before payment.

The seller or bank may request:

• an explanation of the relationship;
• the payer’s passport or corporate documents;
• marriage or family evidence;
• a company resolution;
• source-of-funds information;
• a letter stating that the payment is made on the buyer’s behalf;
• confirmation of who will acquire the property rights.

A spouse who sends the fee does not automatically become a co-owner. Ownership is determined by the SPA and future title documentation.

It is risky to reserve in one name and assume that another buyer can be added later without approval. The developer may require amended documents, fresh customer checks and an administration fee.

Where two people intend to own the apartment, identify the intended buyers and ownership shares as early as possible, subject to Cambodian ownership rules and individual legal advice.

What should happen after the reservation

The form should lead to a clearly identified next document. The buyer should receive the draft SPA before paying where possible, or at least have a written commitment about when it will be provided and what its essential terms will cover.

Confirm:

• when the SPA will be delivered;
• in which language or languages;
• which version prevails if texts differ;
• how long the buyer has to review it;
• the amount and date of the next payment;
• whether the booking fee forms part of the first instalment;
• what happens if the SPA is materially unacceptable;
• whether the reservation can be assigned or transferred;
• whether the buyer may change the named purchaser;
• what documents a foreign buyer must provide.

A particularly risky clause obliges the buyer to sign “the seller’s standard SPA” when the seller has not disclosed that SPA before taking the booking fee. A person cannot evaluate the consequences of a document they have not seen.

Sub-Decree No. 50 sets out information expected in a development sale contract, including the parties, project, location, size, construction timetable, transfer of rights, liability for breach and property materials. A booking form does not need to reproduce the entire SPA, but it should not conflict with its essential commercial terms.

Compare the booking form and SPA before the reservation expires

The buyer and lawyer should compare the two documents line by line on the points that matter most.

The SPA should not worsen the agreed position without the buyer’s separate, informed consent.

Review provisions dealing with permitted area variations, completion dates, grace periods for the developer, default charges, termination, refunds, assignment, guaranteed-rental programmes and buyback promises.

If the SPA introduces substantial new terms, the buyer needs enough time to assess them. Refusing a fundamentally different agreement should not automatically be treated as an unjustified decision to abandon the purchase.

Unfair terms and consumer rights

Cambodia’s Law on Consumer Protection has been in force since 2019. Ministry of Commerce Prakas No. 0067, dated 1 March 2022, addresses unfair terms in standard-form contracts.

A standard contract should be written clearly and in understandable language. The rules require a Khmer-language form, while a foreign-language version may be provided in addition. A business should explain material terms and allow the consumer an opportunity to review them before acceptance.

Potentially unfair terms include provisions that:

• exclude or excessively limit the seller’s liability;
• permit unilateral changes to price, quality or essential characteristics;
• allow material changes without consent or adequate notice;
• give the seller an arbitrary right to interpret or terminate the agreement.

In June 2023, the Ministry of Commerce issued a further announcement reminding businesses in the real-estate and housing sector to comply with consumer-protection requirements. Complaints may potentially be made to the Consumer Protection, Competition and Fraud Repression Directorate-General, depending on the facts and the claimant’s status.

Consumer law should not be treated as a substitute for a balanced booking form. Recovering money through a dispute can take time, evidence and legal expense. It is usually better to correct the terms before payment.

What happens if the buyer simply changes their mind

If there is no defect in the unit, project or seller’s performance and the buyer simply decides not to proceed, the result depends primarily on the booking form.

Check:

• whether the fee is described as non-refundable;
• whether a cooling-off period is stated;
• whether the booking can be transferred to another person;
• whether the buyer may move to another unit;
• whether all or only part of the fee is retained;
• whether the seller must show actual costs;
• whether a negotiation or cancellation process exists.

The general materials reviewed for this article do not establish a universal rule automatically returning every property booking payment whenever a buyer changes their mind. It is unsafe to assume that an unwritten cooling-off right exists.

The position may be different where the seller withheld material information or changed the basis on which the buyer agreed. Keep advertising, messages, plans, price lists and written promises. They may help establish what was represented at the time of booking.

Do not sign a broad waiver or release merely to obtain a partial refund without first understanding its effect. It may waive claims beyond the booking-fee dispute.

What to do if the seller does not refund the money

Start with a formal written demand referring to the booking clause, refund trigger, amount and deadline.

Attach:

• the signed booking form;
• transfer evidence;
• the seller’s receipt;
• relevant correspondence;
• documents supporting the refund event;
• the account details for repayment.

If the seller does not respond, obtain advice from an independent lawyer. Depending on the project and contract, possible routes may involve the development regulator, consumer-protection authorities, arbitration or the courts.

Sub-Decree No. 50 provides for complaints to the real-estate regulator before a dispute is taken to arbitration or a competent court in certain circumstances, excluding criminal matters. The correct route depends on the parties, project type and dispute-resolution clause.

Do not rely only on messages to the sales representative. Send the demand to the legal entity through the official address and communication channels stated in the contract or corporate records.

Illustrative example of a balanced reservation

Assume a buyer selects an $80,000 apartment and pays a $1,000 booking fee.

A balanced structure might provide that:

• the unit is withdrawn from sale for 14 calendar days;
• the $80,000 price is fixed during that period;
• the seller supplies the project documents and draft SPA within three business days;
• the $1,000 is credited towards the purchase price;
• if due diligence is satisfactory, the buyer signs the SPA and pays the balance of the first instalment;
• if a required licence is absent, foreign registration is unavailable or the SPA changes materially, the $1,000 is refunded;
• if the buyer withdraws without an agreed reason after receiving the documents, the fee may be forfeited;
• any refund is made within ten business days.

This is an illustration, not a mandatory market rule. Its purpose is to show a reasonable allocation of risk: the seller receives evidence of genuine intent, while the buyer does not accept risks that remain within the seller’s control.

If the document lists only the buyer’s obligations and none of the seller’s, it is not balanced.

Checklist before paying

Before transferring a booking fee, the buyer should be able to answer these questions in writing:

1. Which legal entity receives the money?
2. Which exact unit is reserved?
3. How long is it removed from sale?
4. Which price is fixed?
5. Is the fee credited towards the purchase price?
6. When is it refundable?
7. When may it be forfeited?
8. What is the refund deadline?
9. Which documents must the seller provide?
10. What happens if due diligence identifies a material issue?
11. Has the buyer received the draft SPA?
12. Does the project hold the required licence or permit?
13. Has foreign-ownership eligibility been checked?
14. Does the payment recipient match the authorised seller?
15. Will the seller issue an official receipt?

If a key answer is missing from the written record, postpone the payment.

Conclusion: a booking form should protect both parties

A booking fee is not merely a way to show interest in an apartment. Once it is paid, the buyer may face deadlines, an obligation to sign the SPA and the risk of losing the money.

A well-drafted form identifies the unit, fixes the price, records how the fee is credited and sets out precise refund and forfeiture conditions. It provides enough time for due diligence and does not allow the seller to alter essential terms unilaterally.

Before paying, obtain the project licence or permit, company documents, unit plan, payment schedule and draft SPA. Transfer funds only to an authorised recipient, use a clear payment reference and obtain a receipt.

The final decision should be based on the actual document, the buyer’s purpose and the project’s current legal status—not on a standard sales explanation.

Sources

1. Ministry of Commerce of Cambodia — Law on Consumer Protection, 2 November 2019. Reviewed 25 June 2026.
2. Ministry of Commerce of Cambodia — Prakas No. 0067 on Unfair Contract Terms, 1 March 2022.
3. Ministry of Commerce of Cambodia — Announcement No. 2241 on consumer-protection compliance in the real-estate and housing sector, 30 June 2023.
4. Royal Government of Cambodia — Sub-Decree No. 50 on the Management of Real Estate Development Business, 2 March 2023.
5. Real Estate Business and Pawnshop Regulator — Prakas No. 047 on real-estate development licensing, 26 September 2023.
6. DFDL — Cambodia: Prakas 089 on Real Estate Development Business Replaced by New Prakas No. 047, 11 April 2024.

Frequently asked

Is the booking payment credited towards the apartment price?

Only where the booking form states this clearly and the later sale and purchase agreement confirms it. Without that wording, the seller may treat the amount as a separate reservation charge.

Can a booking payment be non-refundable?

The document may allow the seller to retain it where the buyer withdraws without an agreed reason. It should separately protect a refund where the seller cannot substantiate the project, unit, price or lawful ownership route.

Should a buyer pay before receiving the draft sale and purchase agreement?

That is risky. The buyer should receive the draft first or have an express refund right if the SPA materially changes the booked terms or due diligence identifies a serious problem.