Purchase agreement in Morocco: procedure, clauses, pitfalls and timing

In Morocco, the riskiest moment of a real estate transaction isn't the offer or final signing — it's the purchase agreement, signed 1-4 weeks after verbal agreement.

Compromis vs promesse: what's the difference?

The bilateral compromis engages both parties; the unilateral promesse only the seller. Practice in 2026 Morocco is the bilateral compromis.

When and where to sign

Three possible places, in increasing order of legal security:

• Private (between parties or at agency) — least protected, avoid unless you know both parties well
• Before adoul (Islamic notaries) — historically for non-titled property
• Before modern notary — standard route for any titled property, maximum legal protection

For 95% of modern residential transactions, modern notary is the standard. Budget 1,500-4,000 MAD.

The deposit: how much, how, where

Standard deposit is 5-10% of sale price. Most common: 10% at compromis signing, balance at final deed. Held by notary (recommended).

Notary escrow is most secure: deposit blocked on third-party notary account, released only at final signing.

Suspensive conditions that save a buyer

Suspensive conditions are clauses that, if unmet, automatically cancel the compromis without penalty.

• Mortgage approval (essential — never sign without this if buying with credit)
• Existing mortgage clearance
• Cadastral regularization
• Absence of undeclared easements
• Conformity certificate (for new-build)
• Tax clearance

Each suspensive condition needs a precise deadline. Without one, the clause is ambiguous.

Pre-signature verifications

• Recent title deed (less than 3 months)
• Cadastral plan
• Tax clearance certificates
• Co-ownership minutes (last 3 AGMs)
• Technical diagnostic
• Urban regularity

Time between compromis and final deed

Typically 60-90 days. This time is used to:

• For buyer: get final mortgage, organize transfer
• For seller: clear mortgages, get tax clearance
• For notary: verify chain of ownership for past 30 years

If the delay extends without reason, that's usually a warning signal.

What if the sale falls through

If suspensive condition unmet on time: automatic cancellation, full deposit returned. If buyer backs out without cause: loses deposit. If seller backs out: returns deposit plus indemnity (often equal to deposit).

Special case of off-plan (VEFA)

For off-plan, the compromis takes the form of a 'preliminary contract'. Deposit lower (5% legal max), payment scheduled by construction progress. Final delivery 18-36 months after initial signing.