Before signing
- Obtain a recent ownership certificate: owner's identity, surface area, mortgages, attachments, provisional registrations, easements.
- Check the building permit, the occupancy permit and the property's compliance with the zoning plan.
- Check the tax position (housing tax, municipal services tax) and the co-ownership charges.
- For unregistered property: require the moulkia and initiate an application for registration before the purchase.
- For an off-plan sale (VEFA): check the reservation contract and the guarantee certificate under Law No. 44-00.
The preliminary sale agreement
The preliminary agreement sets the price, the conditions precedent (financing, release of mortgage, obtaining authorisations), the timetable and what happens to the deposit. Drafted by a lawyer, it protects the buyer against the seller backing out and can be provisionally registered on the title.
The final deed and registration
- Drafting of the deed of sale by a notary or a lawyer admitted to practise before the Court of Cassation (Article 4 of Law No. 39-08).
- Payment of the price by certified cheque or bank transfer, with escrow where appropriate.
- Registration of the deed and payment of registration duties.
- Filing with the land registry and entry of the transfer on the title: only this entry makes the buyer the owner as against third parties.
- Collection of the duplicate land title in the buyer's name.
This guide is provided for general information by Maître Lahfaia Law Firm, Rabat. It is no substitute for advice tailored to your situation; the rules and deadlines mentioned may change.