Real Estate Law in Morocco – Securing the Sale and Purchase of a Property
Introduction
Investing in real estate in Morocco often represents a lifelong endeavor. Given the interplay between traditional land law and modern legislation (land registration—Law No. 14-07), securing a transaction is paramount to avoiding disputes related to hidden defects or property dispossession.
Unregistered Property (Melk) vs. Registered Property
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Registered Property (ANCFCC): This offers an absolute legal guarantee. The land title is incontestable and clears the property of any prior, unregistered claims.
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Unregistered Property (Melk): Governed by deeds drawn up by *adouls* (traditional notaries).
It carries a higher legal risk and requires thorough verification of the chain of ownership.
The Secure Acquisition Process
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The Preliminary Sale Agreement (Compromis): This establishes the terms of the transaction, the price, the delivery date, and any conditions precedent (such as obtaining a mortgage loan).
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Review of the Certificate of Ownership: Essential for verifying the absence of mortgages, liens, or precautionary registrations.
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The Final Deed and Registration: The sale is only enforceable against third parties once it has been recorded on the land title at the Land Registry.
Managing Real Estate Disputes
In the event of a delivery delay for a property purchased off-plan (VEFA – *Vente en l’État Futur d’Achèvement* [Sale in a Future State of Completion] – Law No. 107-12), in cases of defective workmanship or failure to comply with the terms of a contract, the intervention of the law firm of Maître Mohcine ZIANI enables you to assert your rights before the competent courts.
