Contracts enforeable?
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Yes, a terrific post - thanks, it helped me a lot.
Just one little thing I'm curious about:
Contracts in Cambodia are basically unenforceable because the courts are corrupt. (The richer party just pays off the judge for a favourable decision.)
There are no other dispute resolution mechanisms that I know of - other than getting a military official to adjudicate (for a very high fee) & other such 'informal' methods.
So what happens if your landlord decides to keep your deposit? Or double your rent overnight, regardless of what the contract says?
Or - if buying - half way through your property settlement period the other party decides you owe him another $10,000 - or that he will keep your deposit but not give you the property...or whatever?
Anyone know?
Johnmac
I have split this off from the other topic as this IMO comes under a separate topic. We are trying to keep things on track as that makes it easier to follow
You could consult your friendly neighbourhood lawyers... http://www.dfdlmekong.com/contact/view-12.html
Plan B: be the richer party?
BC
Johnmac, you do have to remember that there are reason why we are NOT back in our home country. there are some things that we need to accept and some things that we look sideways at. either that or its time to pack up and go home. Sounds like you may have been bitten once. Dont take that out on the whole country.
Or - if buying - half way through your property settlement period the other party decides you owe him another $10,000 - or that he will keep your deposit but not give you the property...or whatever?
as with any property settlement /purchase legal documents and processes (as is most likely the case in your country) should be in place as well as other "normal" safeguards. That's why "back home" there are all those "outrageous fees" that we always complain about.
Anyone that purchases property here without using a recognised legal adviser really should think about just heading down to naga to the roulette tables.
Will that be red or black sir?
No, I wasn't angry or anything - never been ripped off personally - but just curious about the situation.
I mean, no contract being enforeeable is at least in theory a fairly major issue.
On the other hand maybe the trust system makes it all work most of the time....
Contracts in Cambodia are basically unenforceable because the courts are corrupt. (The richer party just pays off the judge for a favourable decision.)
Correct.
So what happens if your landlord decides to keep your deposit? Or double your rent overnight, regardless of what the contract says?
If he keeps your deposit, you complain to the Sangkat. If that fails, spray the ENTIRE premise with a thin mist of milk from a spray bottle. Within a few days the entire place will be covered in mould and the resultant clean up costs should equalise what you are owed. If they double your rent, move. They are obvously not the kind of people you want to live under.
Or - if buying - half way through your property settlement period the other party decides you owe him another $10,000 - or that he will keep your deposit but not give you the property...or whatever?
That is unlikely to happen on smaller land deals as you will pay a small deposit and then the balance in one fell swoop. In much larger land deals where they structure a 30/40/30% payment plan I guess that could happen. I haven't heard of too many price changes, it is usually the land title that "suddenly" becomes a problem.
If you saw the way Anthony and I bought our blocks in Kep, you would laugh your arse off. Roll up in the 4x4, walk around with beer in hand looking at land, find a suitable piece,"I'll take it..here is some cash...we' be back in a week". One week later, under a house with chickens and more beer, hand over a wad of cash ( whilst keeping an eye out for AK47 toting 10 year olds ). Did it 4 times in total with 0 problems 
IT
lol, i did the same buying land in preah vihear ... walked around with a 60m tape measure, looked at the land, measured off some sections ... cordoned off a block with a few stakes (made on the spot) and some rope (sent a few local kids to the local market) ... "ï'll have this section here, here's some money, call me when you've got the papers done"
lol
