Preamble :
www.atlasimmobilier.com is a real estate brand of :
* Altalian SARL AU” *
Headquarters; Rdc Magasin n° 4 lot n° 148, lot El Borj 1, Essaouira
OMPICC NO. 214707 / INPI NO. 4641826
ICE: 002647185000067 – RC 6507 (T. Essaouira)
Below: “L’agence immobilière”, a duly licensed Moroccan company
Article 1. Scope of the general terms and conditions
1.1 Agency fees must be paid when a real estate agency is used for the sale, purchase or rental of a property, or in general for any intermediation in this regard.
These fees cover a number of services, including research (in all its forms), visits, travel, advice, negotiation, file preparation, lease contract drafting, advertising, communication, etc.
A real estate agency’s fees or commission depend on the nature of the real estate transaction.
1.2 The purchase or rental of a property, or its sale or rental, as well as the use of the estate agency’s services by the customer (buyer / tenant / seller / lessor), constitutes acceptance of these general terms and conditions. These terms and conditions may be translated into the customer’s language by a sworn translator at the customer’s request and expense (except for Arabic).
Article 2. Formation of the contract
2.1 Business handled by the real estate agency’s representatives is not binding on the agency until it has been accepted by an acknowledgement of receipt (mandate, visit form, order form) duly sealed by the Management.
Article 3. Fees
3.1 Property sale: In the case of a property sale, the commission is 2.5% exclusive of tax payable by each of the two parties, i.e. 2.5% exclusive of tax payable by the vendor and 2.5% exclusive of tax payable by the purchaser, unless otherwise agreed between the parties and in no case less than 5% exclusive of tax in total.
– This fee is payable on the day the transaction is concluded or recorded in a single written deed, signed by the buyer and seller (preliminary sales agreement with no conditions precedent, or final deed if the sale is subject to conditions precedent).
3.1.1. In the case of a non-titled or net-seller sale, the commission is 5% exclusive of tax, payable by the buyer.
– This remuneration is due on the day the sales agreement is signed.
The parties have the right to withdraw from their written offers or acceptances. A withdrawal penalty will be invoiced at 20% of the agency commission normally due if the transaction would have been concluded and if it occurs no later than 72 hours after communication or acceptance of the offer. After this period, or in the event of failure to attend signings and excluding cases of force majeure, the agency commission normally due will be invoiced in full.
3.1.2. Goodwill: 10% excl. tax of the value of the goodwill.
3.2 Long-term rental: In the case of a long-term rental (greater than or equal to 12 months), the real estate agency’s remuneration is one month’s rent exclusive of tax to be paid by each of the two parties, i.e. one month’s rent exclusive of tax to be paid by the lessee and one month’s rent exclusive of tax to be paid by the lessor, unless agreed otherwise by the parties and in no case less than the scale of two months’ rent exclusive of tax in total.
3.2.1 Short-term rental (3 months): 25% excl. tax of one month’s monthly rent.
3.2.2 Short-term rental (6 months): 50% excl. tax of one month’s monthly rent.
3.3 Agency fees are payable at the time the lease is signed. They must be paid in a single instalment and cannot be claimed again when the lease is renewed.
This remuneration is payable on the day the transaction is concluded and recorded in a single written deed signed by the lessee and lessor.
3.4 Short-term seasonal rental, the real estate agency’s fee is set at 20% exclusive of tax of the rent.
3.5 All other services (assistance with the Treasury Department, filing, Wilaya, energy suppliers, assistance with a statement or intervention in the event of absence or dispute) will be invoiced in accordance with the agency rates published on the https://www.atlasimmobilier.com/tarifs-prestations/ website.
3.6 In accordance with our general terms and conditions of business and standard practice, these fees are doubled in the event of failure to comply with them, or if the parties directly or indirectly deal with or negotiate the purchase or rental of a property without the agency’s involvement, or if the agency has been evicted. They are calculated on the basis of the price announced in advance or during the visit.
Article 4. Billing
4.1 All invoices are considered accepted if they are not contested by any legal means within 72 hours of receipt.
4.2 Non-payment of an invoice on the due date automatically incurs interest on arrears at the rate of 6.25% from the first end of the month following the invoice date, without prior notice.
4.3 In the event of non-payment of an invoice on its due date, the debit balance of the customer’s account will become payable ipso jure and without formal notice.
4.4 Collection costs, protest costs and any additional taxes are to be borne by the customer.
4.5 In the case of pro-forma invoicing in a currency other than the Moroccan dirham, to residents abroad, the customer may :
– Or make a payment in advance of signatures in its own currency, by bank transfer, from its country of origin, in which case it explicitly accepts that the final invoice will be drawn up on the basis of the amount received in Moroccan Dirhams.
– In the event of payment on the day of signature, the customer agrees that the final invoice will be adapted to the rate on the day of the final deed. In this case, the customer will either make immediate payment in Moroccan dirhams, or accept the invoice on the spot before the notary with the words “bon pour accord pour la somme de : (in words and figures), to be paid within 72 hours.
4.6 In the case of payment in Moroccan Dirhams by a resident of Morocco, payments are made in Dirhams by bank transfer, cheque or cash for any sum not exceeding 5,000.00 Moroccan Dirhams, before a notary. This fee is payable on the day the transaction is concluded or recorded in a single written deed signed by the buyer and seller (preliminary sales agreement or final deed, if the sale is not subject to a preliminary sales agreement) or, in the case of leasing, on the day the transaction is concluded and recorded in a single written deed signed by the lessee and lessor.
Article 5. Claims
5.1 In the absence of a written objection within 72 hours of the invoice date, the invoice is deemed to have been accepted. Complaints or disputes on the part of the customer will only be taken into account, under penalty of not being accepted, if they are formulated, by registered mail or any other legal means, within the period indicated above.
Article 6. Defects
6.1 The owner certifies that all information concerning the property(ies) has been communicated to the agency and that there are no seizures, precautionary measures or proceedings in progress or to come that would prevent the transaction or be prejudicial to the purchaser or the beneficiary.
6.2 Under no circumstances will the estate agency be held responsible for any defects in the property presented or for delays in taking possession of the property if these are caused in whole or in part by force majeure or wilful misconduct on the part of the owner which has not been brought to the agency’s attention.
6.3 The estate agency cannot be held responsible for the actions of tenants in the context of a rental.
6.4 The following are automatically considered to be cases of force majeure: strikes, fires, lock-outs, floods, wars, machine breakdowns, manufacturing stoppages at our suppliers. In the event of general mobilization, even if not followed by war.
Article 7. Applicable law – Jurisdiction
7.1 Any dispute relating to the interpretation and/or execution of these general terms and conditions and/or the relationship between the estate agency and its customers, as governed by these general terms and conditions, shall fall within the exclusive jurisdiction of the commercial courts of the place of business from which the invoice was issued, even in the event of multiple defendants. The estate agency reserves the right to summon the purchaser before the courts of his domicile.