Sales contract, notary, taxes: the legal journey of a real estate purchase in Marrakech

Buying a property in Marrakech, whether you are a Moroccan resident or a foreign investor, involves following a rigorous legal process. To ensure a secure transaction, it is essential to understand each step, from signing the preliminary sales agreement to the final registration of the property. Here is a clear and comprehensive guide to the legal journey of a real estate purchase in Marrakech.

The preliminary sales agreement or reservation contract

The purchase of a property in Marrakech often begins with the signing of a preliminary sales agreement, also known as a bilateral promise. This document sets the foundations of the transaction between the buyer and the seller. It contains essential information such as: The agreed price, the precise description of the property, the deadlines for signing the authentic deed, and the suspensive conditions (such as obtaining financing). This document is not legally binding, but it is highly recommended. It protects both parties by legally framing the purchase intention. It is essential to have this contract reviewed by a real estate law professional before signing to avoid any disputes. To delve deeper into this topic, check out our article on common mistakes to avoid when buying a property in Marrakech.

The role of the notary in a real estate transaction

The notary plays a central and mandatory role in any real estate transaction in Morocco. As a public officer, he acts on behalf of the State to ensure the legality of the sale. His duties include verifying ownership, examining any charges or mortgages, and drafting the final sales deed. The notary is also responsible for registering the transaction with the Land Registry. Signing the authentic deed before a notary is essential to validate the purchase of a property in Marrakech and protect the buyer's rights.

The costs and taxes to anticipate when buying

Buying a property in Marrakech involves paying various additional fees, representing approximately 6 to 7% of the sale price. Among the main fees are: - Registration fees: 4% of the sale price - Land registry fees: 1% - Notary fees: between 1% and 1.5% excluding taxes - Various fees (fiscal stamps, administrative formalities) It is crucial to integrate these fees from the planning phase to avoid budget surprises. Do you reside abroad? Learn how to transfer your money to Morocco legally to buy a property.

Registration and land title

Once the deed is signed and the taxes are paid, the notary proceeds with the official registration of the property. This step is essential to obtain the land title in the buyer's name. The land title is the legal proof of your ownership and protects you in case of disputes, resale, or inheritance. Without this registration, the transaction remains incomplete legally. Ensure that the property is correctly registered with the Land Registry to secure your long-term investment.

Conclusion

The legal journey of a real estate purchase in Marrakech includes several essential steps: the preliminary sales agreement, the involvement of the notary, the payment of taxes, and the registration of the land title. Each phase must be conducted diligently, ideally accompanied by real estate professionals. At Real-dreamhouse Marrakech, we guide you through each step of your purchase project, offering you quality legal and administrative support.