The legal landscape of real estate in Morocco has undergone a significant change with the amendment of the Real Rights Code, which came into effect on August 22, 2024. From now on, preliminary sales agreements and sales promises must adhere to strict contractual formalities. In other words, private sales promises, long accepted, will no longer hold legal value.
What does this mean for real estate transactions?
With this new legislation, sales promises must be drawn up as an authentic deed or a certified dated deed. This change not only applies to sales promises but also to the powers of attorney related to these transactions. Failure to comply with this obligation exposes the documents in question to nullity.
Notaries, Adouls, and Lawyers: Who is authorized to draft these documents?
- For an authentic deed, it is mandatory to go through a Notary or an Adoul. These professionals are the only ones authorized to formalize acts that ensure the transfer of ownership, modification, or cancellation of real rights.
- For a certified dated deed, the parties must consult a lawyer accredited by the Court of Cassation. The document must be signed by the parties, and each page must be initialed by both parties and the drafting lawyer.
Why this change?
This amendment was introduced to clarify and reinforce the application of Article 4 of the Moroccan Real Rights Code. Previous judicial decisions had excluded sales promises from these formalities, creating legal confusion. The Moroccan legislator has now explicitly stated that sales promises, under penalty of nullity, must follow this strict framework.
The consequences of automatic nullity
When a sales promise or any other document related to the transfer of property fails to comply with these new rules, it is automatically considered void. This is an automatic nullity, meaning the document cannot be confirmed or ratified later. All parties involved in a real estate transaction in Morocco must therefore exercise increased caution.
Conclusion: A more secure framework for real estate transactions
This change aims to protect both buyers and sellers by ensuring that all real estate transactions are conducted within a well-defined legal framework. At Atlasimmobilier, we closely follow these developments to assist our clients in all their real estate processes. Whether you are selling or buying, we are here to guide you and ensure a transaction fully compliant with the law.
Contact us for more information on these new legal requirements or to discuss your real estate projects.
