Questions to ask a developer before buying

Take this checklist to the developer meeting, or send it to the sales team before paying a booking fee. The aim is not to collect more sales language, but to connect every material answer to a named legal entity, a dated document and a contractual obligation. The questions below are grouped around the seller, the property, payments, delivery and buyer protection, with the evidence you should normally ask to see.

A salesperson’s message can explain an issue, but it should not be the only record of a material promise. Keep the documents with the draft sale and purchase agreement (SPA) and its schedules, and ask for commitments on specifications, deadlines, refunds, returns or title transfer to be written into the signed contract or an annex. Where an answer changes by phase, tower, plot or legal entity, record that distinction before payment.

How to use this question list

Do not run through the list without context. Start by naming the exact property: project, phase, tower, floor, unit or plot. Work through the four groups of questions and note the responding party, date, promised evidence and deadline for providing it.

A useful working format is: question → answer → expected document → where it appears in the SPA → what remains open. If a document is not yet available, ask who will issue it, when it should exist and whether its delivery can be made a condition of the next payment. Do not close a question with a similar document from another phase, tower or group company.

Before a material payment, follow five rules:

1. Request a document for every material answer.

2. Record the legal entity and date.

3. Put important promises into the contract or an annex.

4. Ask about more than the advertised price.

5. List unresolved questions before paying.

Questions about the company and seller

Start with the company that will owe obligations to the buyer. The brand on the presentation may not be the SPA seller, landowner or payment recipient.

1. What is the seller’s full legal name in the SPA? — Draft SPA and a current registration extract showing the registration number and address.

2. Is the same name used on the booking form, invoices and payment instructions? — Booking document, invoice, official bank instructions and a written explanation for any difference.

3. Who will sign for the seller, and what gives that person authority? — Board or company resolution, power of attorney or other applicable evidence of authority.

4. How is the seller connected to the advertised brand, group or joint venture? — Corporate structure, official company document or agreement supporting the stated role.

5. Who owns the land or master title? — Title copy and a document explaining the seller’s authority over the selected unit or plot.

6. Is a separate project company used for this phase or tower? — Its registration documents and its role in the SPA, approvals and payment flow.

A matching name in a public company search helps identify an entity, but it does not by itself prove that the entity is the seller in your transaction. Compare the extract with the SPA, title, approvals and bank details.

Questions about the property and approvals

Every document should relate to the property actually being reserved. Ask for numbers, dates and a clear link to the phase, tower, site and unit.

1. How is the selected unit or plot identified? — Plan, area schedule, unit or plot number and the relevant booking or SPA schedule.

2. What title exists now, and what title or right should the buyer receive? — Current title copy, subdivision or registration plan and the contractual transfer process.

3. Which approvals have been issued for this phase, and in whose name? — Copies or references showing the authority, number, date and exact property covered.

4. What is the actual construction stage on the meeting date? — Dated progress report, photographs and confirmation from the engineer, contractor or another responsible party.

5. What will evidence completion and lawful occupancy? — Completion and occupancy documentation; for a property still under construction, the process and target date for obtaining it.

6. Which plans or specifications may the developer change? — Approved plans, finishes schedule and the SPA clause governing variations and tolerances.

7. Which common areas and infrastructure belong to this phase? — Master plan, specification, phasing schedule and a signed schedule recording the promised facilities.

An approval or certificate must be checked against the exact project, issuing authority and date. A document for another phase or related company is not evidence for the selected property.

Questions about price and payments

Discuss more than the headline price. The buyer needs a complete money trail: how much is due, when, to whom, in which currency and under what conditions a payment may be stopped or refunded.

1. What is the full purchase price, and what does it include? — Written offer and SPA listing included and excluded items.

2. What is the complete payment schedule, and what triggers each instalment? — Dated schedule with amounts, deadlines, conditions and the consequences of delay by either party.

3. Which taxes, charges and compulsory costs are separate? — All-in cost sheet covering registration, title transfer, service charges, reserve fund, management, connections and other applicable amounts.

4. Which currency controls the price, conversion and bank charges? — SPA currency clause and written payment instructions.

5. Which bank account receives the money? — Invoice or payment notice from the contractual party; where a third party receives funds, the documented authority and confirmation that the payment is credited toward the price.

6. When is a booking fee, deposit or instalment refundable, and when may it be retained? — Booking terms and SPA clauses on cancellation, refund and deductions.

7. Is escrow used, and if so, who controls the account and when are funds released? — Escrow agreement, bank or agent details and release conditions.

8. If a return is advertised, how is it calculated and what is deducted? — Separate rental or management agreement stating the formula, programme term, payment conditions, vacancy treatment, fees, taxes and every deduction.

Ask for the final payment schedule and bank details immediately before transfer. A discount or verbal assurance should not override the signed contract.

Questions about timing, handover and buyer protection

A projected completion date is useful only when it sits beside a contractual deadline, extension rules and remedies. Ask separately about handover, defects, common areas, management and title registration.

1. What is the contractual long-stop date for completion and handover? — SPA with a fixed date or a clear method for determining it.

2. When may the developer extend the deadline, and how will the buyer be notified? — SPA list of extension events, maximum extension and notice procedure.

3. What happens after a delay beyond the long-stop date? — Contractual remedy such as compensation, termination, refund, interest or another applicable mechanism.

4. How does the pre-handover inspection work? — Notice procedure, inspection form, defect list and rectification deadline.

5. What warranty applies after handover, and what does it cover? — Written warranty period, exclusions, reporting channel and response time.

6. When will roads, utilities, common areas and promised facilities be completed? — Contract specification, phasing plan and deadline for the relevant part of the development.

7. Who will manage the property, and what will it cost? — Draft management agreement, budget or tariff, common-area rules and fee-review mechanism.

8. When and on what conditions will title be transferred or registered? — SPA process, required documents, responsible parties, costs and timing.

9. What happens if the seller, project company or manager changes? — Written mechanism transferring rights and obligations, not only a salesperson’s notice.

This checklist prepares the due-diligence conversation; it does not replace review of the specific SPA, title and approvals. For a material transaction, use current documents and involve an independent Cambodian lawyer or technical adviser where appropriate.

How to record answers: documents and contract

Keep one transaction folder containing each document version, email and payment record. For every material answer, record the question, exact legal entity, respondent, date, file name, document number or date, and the SPA clause that carries the obligation.

Use this sequence:

1. Request a document for every material answer. If it will be issued later, record the deadline and its effect on the next payment.

2. Record the legal entity and date. Do not combine documents from the group, seller, landowner and another project company.

3. Put promises into the contract or an annex. Plans, finishes, facilities, deadlines, refunds and return programmes should be written into the signed package when they matter to the decision.

4. Ask about more than price. Check the recipient account, currency, costs, timing, defects, management, title and remedies.

5. List unresolved questions before paying. Do not replace missing evidence with an assumption or treat a verbal answer as final.

When documents disagree, isolate the exact mismatch: name, number, date, phase or contract term. Ask for a written explanation and corrected evidence. Keep the salesperson’s message in the file, but do not rely on it as the only evidence of a material obligation.

All questions in one checklist

Copy this block into your notes or print it before the meeting:

• [ ] What is the seller’s full legal name in the SPA?
• [ ] What is its registration number and current address?
• [ ] Who signs the contract, and what proves that person’s authority?
• [ ] How is the seller connected to the brand, group and landowner?
• [ ] Who owns the land or master title?
• [ ] What gives the seller authority over the selected unit or plot?
• [ ] How are the phase, tower, floor, unit or plot identified?
• [ ] What title exists now, and what should the buyer receive?
• [ ] Which approvals cover this exact part of the project, and in whose name?
• [ ] What evidence supports the current construction stage?
• [ ] What will evidence completion and lawful occupancy?
• [ ] Which plans, specifications and common areas may change?
• [ ] What is the full price, and which costs are separate?
• [ ] What is the complete payment schedule and trigger for each instalment?
• [ ] Which currency controls the price, and who pays bank charges?
• [ ] Which account receives the money, and why?
• [ ] When is a booking fee or payment refundable or retained?
• [ ] Is escrow used, and how are funds released?
• [ ] How is any advertised return calculated, and what is deducted?
• [ ] What is the contractual long-stop date?
• [ ] When may the deadline be extended, and what happens after delay?
• [ ] How will inspection, defects and rectification be handled?
• [ ] What warranty applies after handover?
• [ ] When will infrastructure and common areas be completed?
• [ ] Who will manage the property, and how are fees calculated?
• [ ] When and how will title be transferred or registered?
• [ ] What remedies protect the buyer if obligations are not met?
• [ ] Which answers still lack documentary support before payment?