Walk through any listing site for Phnom Penh apartments or Kandal province villas and it will not take long to find the phrase "sold as-is" tucked into the fine print. In a market where renovation costs are rising and sellers are eager to close quickly, as-is sales have become a common feature of Cambodia's residential property landscape. Yet many buyers and sellers still misunderstand what "as-is" actually means under Cambodian law. It is not a magic phrase that erases every legal obligation a seller owes to a buyer, nor is it a guarantee that a buyer has no recourse once the deed is signed. Understanding how the Civil Code of Cambodia, the Land Law, and related regulations treat as-is property sales is essential for anyone buying or selling residential real estate in the Kingdom, whether the property is a borey house in Kandal, a condominium in BKK1, or a family home passed down through a soft-titled plot in the provinces. This article explains the legal framework governing as-is home sales in Cambodia, the protections that remain in place for buyers despite an as-is clause, and the practical steps both parties should take before signing a sale and purchase agreement. 

An "as-is" clause is a contractual term in which the buyer agrees to accept the property in its current physical condition, faults and all, without requiring the seller to make repairs or provide further warranties about the property's state before transfer. In Cambodia, such clauses are typically inserted into private sale and purchase agreements for both landed property and condominium units, particularly in resale transactions involving older housing stock, borey developments nearing the end of their initial warranty period, or land parcels sold without formal inspection. Sellers favor these clauses because they reduce the risk of post-sale disputes over cosmetic damage, aging plumbing, or structural wear. Buyers, in turn, are often offered a lower price in exchange for accepting this risk. However, an as-is clause operates within the framework of Cambodian contract law, and it does not automatically override obligations that the law treats as fundamental to a fair transaction, particularly the seller's duty of good faith and the buyer's underlying right to verify legal title. 

The primary source of contract and property law in Cambodia is the Civil Code of the Kingdom of Cambodia, promulgated by Royal Kram No. NS/RKM/1207/030 on 8 December 2007 and brought into force on 21 December 2011. The Civil Code governs the formation, performance, and effect of sale contracts under Book Five, Chapter One, which is devoted entirely to the contract of sale, including a dedicated section on the effect of a sale contract and the specific obligations owed by a seller to a buyer. Two provisions are worth highlighting for anyone considering an as-is transaction. First, Article 5 of the Civil Code establishes the principle of good faith as a general rule underlying all civil relations in Cambodia, meaning that rights must be exercised and duties performed honestly and fairly. This principle limits how far a seller can rely on an as-is clause if the seller actively concealed a defect or misrepresented the condition of the property rather than simply remaining silent about wear that a reasonable inspection would reveal. Second, Article 135 of the Civil Code provides that the transfer of title to an immovable by agreement only takes legal effect once the transfer is registered in accordance with the laws and regulations on land registration. This means that regardless of what an as-is clause says about the physical condition of a house, ownership itself does not pass to the buyer until the transaction is properly recorded with the competent land authority, a step that is frequently overlooked in informal or rushed sales. 

An as-is clause is generally understood to shift the risk of ordinary, discoverable defects onto the buyer, such as an aging roof, worn flooring, or outdated electrical fittings that a reasonable site visit would reveal. It is far less effective at shielding a seller who knowingly hides a serious defect, such as unresolved structural cracking, a disputed boundary, or a property built in violation of construction permits. Cambodian contract law addresses defective declarations of intention, including fraud and material mistake, in a separate section of the Civil Code's chapter on contract formation, which allows a party to seek rescission of a contract induced by fraudulent concealment or a material misrepresentation. In practice, this means that a buyer who later discovers that a seller deliberately hid a serious defect, or misrepresented the legal status of the land, may still have a claim despite the presence of an as-is clause, because the clause cannot be stretched to cover bad-faith conduct at the time of contracting. For sellers, the safer and more defensible approach is full written disclosure of known issues at the time of sale, since a documented disclosure combined with a clear as-is clause offers far stronger protection than silence. 

No discussion of an as-is home purchase in Cambodia is complete without addressing land title, because a defect in title is often far more consequential than a defect in the physical structure. The Land Law of Cambodia, promulgated by Royal Kram No. NS/RKM/0801/14 on 30 August 2001, introduced the modern system of registered "hard titles," recorded centrally with the Ministry of Land Management, Urban Planning and Construction, alongside the older "soft titles" recognized only at the commune or district level and carrying comparatively weaker legal protection. Article 44 of the Constitution of the Kingdom of Cambodia further restricts direct land ownership to Cambodian nationals, a rule that has significant implications for foreign buyers considering landed property, as discussed below. Because an as-is clause addresses the physical and sometimes legal condition of the property being sold, buyers should never assume that "as-is" extends to accepting an unverified or defective title. Before signing any sale and purchase agreement, a buyer should independently confirm the seller's registered ownership, check for existing mortgages, liens, or boundary disputes, and, where the property carries only a soft title, weigh the additional risk that this entails. 

Foreign nationals cannot directly own land in Cambodia, but they can own condominium units under the Law on Foreign Ownership of Co-owned Buildings, enacted in 2010, which permits foreign ownership of private units located above the ground floor, subject to a cap of 70 percent of the total unit space in any single co-owned building. This ownership structure is implemented through a strata title issued under the co-ownership framework established by Sub-Decree No. 126 on the Management of Co-owned Buildings. As-is sales of condominium units are common in Cambodia's resale market, and foreign buyers relying on this pathway should confirm both that the building's foreign-ownership quota has not been exceeded and that the unit's strata title has been properly and separately registered, since these are legal conditions of ownership entirely distinct from the physical condition covered by an as-is clause. 

Statistical data underscores why as-is transactions are becoming more prominent. According to figures reported by the National Bank of Cambodia in early 2026, house sales in Cambodia rose by 30.5 percent in 2025, driven largely by demand for more affordable, existing housing stock rather than new construction, even as condominium transactions fell by 19.6 percent over the same period, and the national Residential Property Price Index declined by an average of 3.4 percent, with Phnom Penh prices down 3.6 percent. Separately, industry data cited by Knight Frank Cambodia and Global Property Guide place average high-end condominium prices in Phnom Penh at over 2,800 US dollars per square meter as of the fourth quarter of 2025, alongside continued growth in the city's total condominium supply, which analysts estimate has surpassed 64,000 completed units. A softer, more price-sensitive market of this kind tends to produce more resale and as-is transactions, since sellers face pressure to move existing inventory quickly and buyers are drawn toward lower entry prices on older or unrenovated stock, making a clear understanding of as-is legal obligations more important than ever for both sides of the transaction.

Given this legal and market backdrop, buyers considering an as-is purchase should commission an independent physical inspection wherever possible, request copies of the title deed and any prior sale agreements, verify the absence of encumbrances at the relevant land registry office, and insist that any known defects disclosed by the seller be recorded in writing as part of the contract rather than communicated informally. Sellers, for their part, should ensure that the as-is clause is drafted clearly, that any defects they are aware of are disclosed in the contract itself, and that the transfer of title is properly registered in accordance with the Civil Code once the sale is finalized, since an unregistered transfer leaves both parties exposed to future disputes regardless of how the physical condition of the property was handled.

Buying or selling a home "as-is" in Cambodia is entirely lawful and increasingly common in a market shaped by rising resale activity and price-conscious buyers, but the phrase carries real legal limits. The Civil Code's principle of good faith, its rules on fraudulent or mistaken contract formation, and its registration requirements for the transfer of immovable property all continue to apply regardless of what an as-is clause says about physical condition. Title verification under the Land Law of 2001, and, for foreign buyers, compliance with the 2010 Law on Foreign Ownership of Co-owned Buildings, remain entirely separate questions from the state of a property's roof or plumbing. Buyers and sellers who take the time to document disclosures, verify title, and confirm registration are far better positioned to enjoy the benefits of a flexible as-is sale without inheriting its risks. Given the legal and financial stakes involved, parties to any as-is property transaction in Cambodia are strongly encouraged to seek qualified legal counsel before signing a sale and purchase agreement.