Buying property in Morocco as a foreigner in 2024: 5 essential tips for success!

Buying a property in Morocco as a foreigner, Are you planning to buy or sell a property in Morocco as a foreigner? It's essential to understand the steps to take and the particularities of Morocco. In this article, we'll answer some key questions to help you navigate this exciting but complex process.

What are the options for finding property in Morocco? How does the process of buying a property in Morocco work? What precautions should be taken when paying advances or security deposits? What are the procedures for choosing a notary in Morocco? What language is used in real estate transactions, and what documents are required?

In the following sections, we'll explore these issues in more detail, providing you with valuable information to guide you through your real estate buying or selling journey.

The different options for finding a property in Morocco

When it comes to finding a property, there are several options to consider. The first common option is to use a real estate agency. Estate agents have access to a large database of properties available for sale. They can help you find a property that matches your criteria, and facilitate the administrative process. What's more, estate agents can provide you with professional advice and negotiate the terms of the purchase on your behalf.

Another option is to search for properties on specialized websites. These sites bring together listings from real estate agencies, but also from private individuals. You can carry out searches by specifying your criteria for location, type of property, price and so on. This option gives you a broader overview of the real estate market, and enables you to contact sellers or owners directly for more information or to arrange viewings.

Finally, you can also opt for more traditional methods, such as consulting classified ads in local newspapers or asking your personal network. Sometimes, interesting opportunities can be discovered by word-of-mouth. If you're looking for property in a specific area, it can be useful to talk to friends, colleagues or family members who may have acquaintances or contacts in that region. This can give you access to properties not yet on the market, or to exclusive offers.

Here are some examples of real estate search sites in Morocco:

• Avito.ma: Avito is one of the most popular classified ad sites in Morocco, offering a specific category for real estate ads. You can find a wide variety of real estate, such as apartments, houses, land and commercial premises, in different cities across the country.

• Mubawab.ma: Mubawab is a real estate portal that enables users to find properties in different Moroccan cities. The site offers an intuitive search and provides detailed information on each property, including photos, descriptions and direct contact details for real estate agents.

• Sarouty.ma is another popular real estate search site in Morocco. Sarouty offers a wide range of residential and commercial properties for sale and rent in different Moroccan cities.

It is important to note that the above list is not exhaustive and that there are other real estate search sites in Morocco. It is advisable to consult several sources and contact real estate agents directly to obtain accurate, up-to-date information on the properties you are interested in.

How does the process of buying a property in Morocco work?

Buying property in Morocco is a well-regulated process that follows several stages. First of all, the future buyer must look for a property that suits his or her needs and budget. Once the property has been selected, it is essential to carefully check the relevant legal documents. A real estate specialist can be engaged to ensure the property's legality, check for any outstanding encumbrances or disputes, and ensure that all previous taxes relating to the property have been paid.

After confirming the reliability of the property, the buyer and seller must sign a preliminary contract before a notary, generally known as a "compromis de vente". This pre-contract specifies the conditions of sale, the final price, the terms of payment and the date of signature of the deed of sale at the notary's office. At this stage, the buyer must pay a portion of the total amount of the transaction as a deposit. This preliminary contract is binding on both parties.

After signing the compromis de vente, the buyer must obtain prior authorization from the Moroccan Direction Générale des Impôts for the acquisition of property as a foreigner. Next comes the signing of the deed of sale at the notary's office, where the remainder of the amount due is paid, and ownership is officially transferred to the buyer. The notary is responsible for registering the transaction with the Land Registry. Finally, the buyer is responsible for making the tax declaration and paying the applicable registration fees and property taxes.

Bear in mind that the process may vary depending on the specific nature of the property, but these steps generally represent the standard course of a real estate acquisition in Morocco. It is strongly recommended to surround yourself with professionals such as a real estate specialist and a notary to ensure that all legal steps are respected.

What precautions should be taken when paying advances or security deposits?

The following precautions should be taken when paying advances or security deposits during a real estate transaction in Morocco:

• Going through a notary: In Morocco, it is advisable to pay advances or security deposits either into the hands of the notary, who will deposit them in his coffers and only pay them to the seller once the sale has been completed, or directly into the hands of the owner. The former is considered more secure, as the money is kept by the notary.

• Securing direct payments: If payments are made directly to the seller, it is advisable to take additional precautions. For example, payment can be made by means of a personal cheque made out to the seller, or in cash, with an equalized receipt to secure the payment.

• Draw up a preliminary deed: It's advisable not to pay any money into the hands of the seller without first drawing up a preliminary deed, such as a "compromis de vente", in which the notary records the funds and sets out the repayment terms should the sale not go through.

• Check power of attorney: If a person authorized by the seller receives payments, it is important to ensure that the power of attorney is recent and specific to the purchase transaction.

What are the procedures for choosing a notary in Morocco?

Choosing a notary in Morocco is a process that offers customers a certain degree of freedom. During a real estate transaction, customers are free to choose their notary. This decision can be taken through a real estate agency or by dealing directly with the property owner. In this way, customers can choose the option that suits them best.

For foreigners, particularly French nationals or Moroccans living abroad, finding a suitable notary can be more complex. In such cases, it is advisable to contact the regional council, which can provide a list of notaries in the area. This list will enable customers to make a choice based on criteria such as geographical proximity or other specific preferences.

The language used in notarial transactions is another important aspect to consider. Notaries in Morocco generally speak French, and are able to communicate with French clients to explain transaction details. However, according to current legislation, the notarial deed must be drawn up in Arabic. Nevertheless, if both parties understand French and prefer the deed to be drawn up in that language, it is possible to request this and expressly mention it in the contract.

The role of the notary in Morocco is essential in real estate transactions. The buyer has the power to choose his or her notary, and the parties can decide to go through the seller's notary if they wish. There is no legal obligation to go through the seller's notary. This flexibility allows customers to make a choice according to their personal preferences or their relationship of trust with a specific notary.

In conclusion, the process of choosing a notary in Morocco offers customers a certain degree of freedom. Moroccan notaries generally speak French to facilitate communication with French clients, but the drafting of the notarial deed must be done in Arabic by law. Before proceeding with a real estate transaction, it is essential to have valid identification for the parties involved, and documents such as the recent property certificate and the deed of acquisition to guarantee the legitimacy of the property.

What language is used in real estate transactions?

It is important to note that the language used by notaries in Morocco can vary according to the circumstances. In general, Moroccan notaries speak French and can use this language to explain procedures and legal terms to the French parties involved in the transaction. However, the drafting of notarial deeds in Morocco is a legal obligation in Arabic. If both parties - seller and buyer - are fluent in French and prefer the deed to be drawn up in that language, they can ask the notary to record their agreement in the contract.

However, if one of the parties involved speaks only French (for example, a French national) and the other party speaks only Arabic, the contract will be drawn up in Arabic. In this case, an interpreter can be called in to ensure clear and secure understanding for the non-Arabic-speaking party. This person may be a sworn interpreter or a person chosen by the party who does not master Arabic. This person can explain the terms and clauses of the contract in French.

What documents do I need?

The documents required vary according to the nature of the deed of purchase, but there are certain unavoidable documents. Personal documents generally include identity papers, such as an ID card or passport for foreigners. If the seller is a minor, proof of guardianship is required, including a birth certificate and family record book. Property-related documents depend on the nature of the property for sale, but there are two essential documents: a recent certificate of ownership proving the seller's ownership, and the deed of acquisition to verify the origin of the property.

In Morocco, the tax authorities have established a price reference system to ensure that the asking price corresponds to the published reference system. This avoids tax audits that could affect both seller and buyer.

When buying an off-plan apartment in Morocco, there are guarantees similar to those in France for ventes en état futur d'achèvement. It is important to ensure that the developer has the necessary building permits before signing a reservation contract. Payment of the purchase price is generally made in advance, according to a schedule linked to the progress of the work.

After signing at the notary's office, there is an administrative process to finalize the deed. The notary checks that all formalities have been completed, taxes paid and the deed confirmed by the State. Next, the title deed is sent to customers, either immaterially or as a dematerialized copy.

Please contact us today by e-mail at [email protected] or by telephone/WhatsApp on (+212) 6 60 41 02 18. We'll be delighted to discuss your specific requirements and provide you with the advice and expertise you need to make your investment a success.

Trust our firm of topographical surveyors for professional, transparent and secure support for your purchase project in Morocco. See you soon!