In real estate transactions, buyers now benefit from an extended time frame to take legal action, along with two legal bases to file claims against the seller. This change follows an amendment to the Dahir of Obligations and Contracts, effective since its publication in the Official Bulletin on August 22, 2024.
Dahir No. 1.24.38 enforces Law No. 40-24, amending Article 573 of the Code of Obligations and Contracts (C.O.C), which addresses the timeframe for filing warranty claims regarding hidden defects or failure to meet promised quality. The period has been extended from one year to between two and five years.
The first deadline is for the warranty, starting from the moment the property is delivered, while the second concerns contracts vitiated by fraud, error, coercion, or unfair terms, starting from the conclusion of the sale. This amendment aims to better safeguard buyers’ rights.
Longer Action Period
Prior to this amendment, Article 573 of the C.O.C. required that any claim regarding hidden defects or failure to meet promised qualities had to be filed within 365 days for real estate properties. Under the new law, buyers have two years from the delivery date of the property to file claims, with a maximum of five years from the sale agreement’s conclusion.
These provisions ensure that buyers have ample time to uncover any hidden defects or quality issues. If the defect is identified through an expert’s report, the two-year period starts from the date of the report’s submission. This timeframe encourages buyers to act promptly and diligently.
The two-year legal warranty period has been aligned with Article 65 of Law 31-08, which protects consumer rights. This law stipulates that any legal action for real estate defects or failure to meet promised qualities must be initiated within two years after delivery. Agreements to shorten this period are prohibited, ensuring consistent protection for buyers.
If legal action is not taken within the two-year deadline, the buyer forfeits the right to file claims. Additionally, the buyer’s action is subject to the general statute of limitations applicable to sale contracts, which starts from the sale date, while the two-year warranty period begins at the time of delivery.
