Buying registered property in Morocco: checks to make before signing

The land title comes first

The ownership certificate issued by the land registry shows the registered owner, the area and any rights or charges over the property: mortgage, easement, seizure, provisional registration.

It must be recent: an old certificate does not show later entries. The seller's name must match their identity document exactly.

What to check

• A recent ownership certificate and, if possible, the title plan.
• No mortgage or, failing that, the bank's written agreement to release it on the day of the sale.
• Payment of local taxes on the property.
• For a flat, the position with the building's managing agent and service charges.
• Building compliance: building permit and occupancy permit.
• The seller's capacity: joint ownership, marital regime, power of attorney if represented.

The form of the deed

The Real Rights Code (Law No. 39-08) requires, on pain of nullity, that deeds transferring ownership be drawn up as an authentic deed, or as a deed with a certain date drafted by a lawyer admitted before the Court of Cassation.

The preliminary agreement sets the price, the conditions precedent (loan approval, release of the mortgage), the deadlines and what happens to the deposit. It deserves as much attention as the final deed.

After signing

The sale is only enforceable against third parties once it is entered on the land title. Between signature and registration another right could be recorded first: a provisional registration protects the buyer during that period.

The firm's view

Most of the property disputes we handle could have been avoided by a careful reading of the title and the preliminary agreement before any payment.

Maître Malak Elimani assists buyers and sellers with title checks, preliminary agreements and the follow-up of sales. This article provides general information and is not a substitute for legal advice.