Managing property in Morocco from abroad: powers of attorney

For many Moroccans living abroad, a flat, a plot of land or a share of an inheritance in Morocco is managed from a distance. The power of attorney is the usual tool; badly drafted, it is also a frequent source of family disputes.

Where to draw it up

From abroad, the power of attorney can be drawn up at the Moroccan consulate, or before a public officer in the country of residence with the apostille or legalisation needed for it to take effect in Morocco.

For a property sale, the power of attorney must meet the formal requirements set by the Real Rights Code for the deed itself.

A precise power of attorney

Identify the property exactly: address and land title number.
Specify the authorised acts: sell, let, collect, sign, represent before the administration.
For a sale, set a minimum price and payment terms.
Set a limited duration and an obligation to account.

Risks to avoid

A general, overly broad power lets the agent act far beyond what was intended. Disputes often arise from a sale at an undervalued price or rent collected without accounting.

A power of attorney can be revoked at any time. The revocation must be notified to the agent and, for property, to the notary or the land registry concerned.

Keeping track from a distance

A dedicated bank account, a copy of every contract and receipt, and regular checks of the land title are simple habits that keep you in control of your property.

The firm's view

A short, precise power of attorney protects better than a general mandate given on trust.

Maître Malak Elimani assists Moroccans abroad with managing, selling and protecting their property in Morocco. This article provides general information and is not a substitute for legal advice.

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