What developers don't want you to know: Hidden defects in Moroccan apartments in 2024

Hidden defects in apartments in Morocco in 2023: When it comes to buying property in Morocco, it's essential to understand the legal provisions concerning hidden defects. These hidden defects can have a significant impact on the value and use of the property, and can lead to disputes between buyers and sellers.

How does the Moroccan Code of Obligations and Contracts deal with the delicate issue of hidden defects? What are the legal responsibilities in the event of hidden defects? Are there any preventive measures to protect purchasers' rights and avoid problems linked to latent defects? In this article, we answer these questions.

What does the Moroccan Code of Obligations and Contracts say about hidden defects?

The Moroccan Code of Obligations and Contracts (DOC) also deals with hidden defects in the sale of goods. It contains specific provisions to protect buyers' rights in the event of hidden defects.

According to articles n° 569 and n° 571 of the DOC, there is a guarantee for visible defects before the handover of the keys. Visible defects, those declared by the seller, and those of which the buyer was aware or could easily have recognized, are guaranteed by the seller if the buyer claims them before the handover of the keys. If the buyer does not make a claim, these defects are deemed to have been accepted by the buyer and may not be the subject of a subsequent guarantee by the seller.

With regard to latent defects, article no. 573 of the DOC establishes a maximum period of 365 days from the handover of the keys (prior to law 31-08) to bring an action to repair these latent defects. However, it should be noted that article n° 65 of law 31-08 modified this time limit, replacing it with a 2-year time limit.

The Code of Obligations and Contracts also provides for a ten-year warranty in the event of damaging structural defects. Under article 769 of the DOC, the architect, engineer and contractor are liable if, within ten years of completion of the work, it collapses in whole or in part or presents an obvious danger of collapse due to defects in materials, construction or soil.

The Moroccan Code of Obligations and Contracts includes specific provisions to protect buyers in the event of hidden defects, whether before or after the handover of keys, as well as serious structural anomalies. These guarantees are designed to ensure that buyers benefit from properties that meet their expectations and are secure over the long term.

The statutory warranty period for hidden defects?

The statutory warranty period for hidden defects varies according to the legislation in force. Under the Moroccan Code of Obligations and Contracts (DOC), before Law 31-08 came into force, the buyer had a maximum of 365 days from the handover of the keys to bring an action to repair hidden defects.

However, it is important to note that article 65 of law 31-08, which lays down consumer protection measures, has modified this time limit. As a result, the buyer now has 2 years from the date of handover to bring an action to repair hidden defects. The aim of this amendment is to strengthen consumer protection by giving them more time to assert their rights in the event of the discovery of hidden defects after the purchase of a property.

It should be emphasized that this 2-year period applies specifically to latent defects, and differs from the warranty periods applicable to apparent defects or to the ten-year warranty for serious structural defects.

To sum up, under current Moroccan legislation, the buyer has 2 years from the handover of the keys to bring an action claiming the repair of hidden defects on a property. This extended period is intended to offer greater protection to buyers, enabling them to assert their rights for longer in the event of hidden defects being discovered after the purchase.

Legal responsibilities in the event of hidden defects?

According to article 499 of the DOC, delivery of the property takes place when the seller or his representative disposes of the thing sold and enables the purchaser to take possession of it without hindrance. This means that the seller is obliged to guarantee the conformity of the property sold, ensuring that it is free from hidden defects that could render it unfit for its intended use or significantly diminish its value.

However, for the seller's liability to apply, certain conditions must be met.

1. Firstly, the defect must not be apparent when the keys are handed over.
2. Secondly, the defect must predate the handover of the keys, which may require an expert opinion to prove its existence prior to that date.
3. Thirdly, the purchaser must not have been aware of the defect at the time the keys were handed over.
4. Fourthly, the seller must not have declared the defect before handing over the keys. Thirdly, the defect could not have been verified by the buyer at the time of handover.

If all these conditions are met, and the latent defect is discovered within two years of the keys being handed over, the buyer can take legal action against the seller to obtain redress for the defect and possibly compensation for any damage suffered.

It's important to note that to assert his rights, the buyer can rely on a detailed real estate appraisal report. This report constitutes documented proof of existing hidden defects, which facilitates the repair and negotiation process with the seller.

In conclusion, Moroccan law stipulates that the seller, generally the property developer, is liable for hidden defects for a period of 2 years from delivery of the property. Specific conditions must be met to engage the seller's liability. If hidden defects are discovered, the buyer can request that the defects be rectified, and may be entitled to compensation based on a real estate expert's report.

Remote consultations via videoconferencing

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• Personalized consultations and advice: Videoconferences enable customers to benefit from personalized consultations with experts from the topographic firm. Whether you have questions about a project in progress, need advice on technical or legal aspects, or simply wish to obtain additional information, videoconference consultations offer direct and instant interaction with the firm's professionals.

• Remote site monitoring: Thanks to technological advances, it is now possible to monitor construction sites remotely. Customers can use online communication tools to share videos, photos or site plans with the firm's experts. The latter can then monitor progress, carry out checks and provide advice remotely, which is particularly useful for projects located in remote areas.

• Technical assistance and problem solving: If a technical problem arises on a project, remote services via videoconferencing provide fast, efficient assistance. The firm's experts can analyze problems, review data and plans, and provide solutions remotely. This can include advice on the use of equipment, recommendations for solving technical problems or assistance in interpreting results.

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!