In Morocco, the sales contract is governed by the Dahir (Code of Obligations and Contracts), in order to define “the transfer of ownership after the exchange of the consent of the parties”. “Where the sale relates to immovables, real estate rights or other things liable to hypothec, it must be made by writing having a certain date and it has effect in the eyes of third parties only if it is registered in the form determined by law “.
To ensure its control over the legality of these transactions, especially real estate transactions, the State requires that sales be submitted to the approval of the administrative authorities. And to avoid possible legal problems, the buyer must also make sure that the property is free of any charge (mortgage, usufruct, opposition of third parties, …).
It is under this double imperative that LILAS INTERNATIONAL RESIDENCIES acts as legal advisor on these matters of private law and real estate law. Each sales project is therefore studied by an inquiry into the property concerned :
- identification of the owner of the property, by obtaining original and certified documents
- looking for debts and mortgages
- referrals from the State Tax Services (obtaining the necessary discharge)
And to determine any future hazard on a modification of the property not known to the seller, LILAS INTERNATIONAL RESIDENCIES also inquires about all current or upcoming procedures for Urban Planning departments.
When the agreement is considered perfect between the two parties, LILAS INTERNATIONAL RESIDENCIESintervenes upstream of notarial requests, for the purpose of obtaining a titled deed to be registered with the Conservations Department.