Signing the authentic deed marks the final step of your property acquisition. Discover how this crucial phase unfolds and the formalities that accompany it.
The final deed of sale: principles and characteristics
The authentic deed of sale (acte authentique) is the official document that finalizes the real estate transaction and transfers ownership of the property from the seller to the buyer. In Morocco, this deed must be drawn up by a notary.
Essential characteristics
- Authentic document: Drafted by a notary who confers evidentiary force and a definitive date
- Immediate transfer of ownership: Ownership is transferred upon signing the deed
- Enforceability against third parties: After land registration, the deed is enforceable against any person
- Title deed: Constitutes your definitive proof of ownership
Differences from the compromis de vente
| Compromis de vente | Final deed |
|---|---|
| Commitment to sell/buy | Completion of the sale |
| Can be a private agreement | Must be notarized |
| Contains conditions precedent | Conditions already verified |
| Payment of a deposit | Full payment of the price |
The legal framework in Morocco
In Morocco, the legal framework for real estate sales is primarily governed by:
- The Dahir of Obligations and Contracts (DOC)
- The Code of Real Rights
- The law on land registration
- The law on the notarial profession
- The General Tax Code (for fiscal aspects)
Moroccan law requires that every real estate acquisition be formalized through a notarial or adoulaire deed (for unregistered properties), in order to guarantee the legal security of transactions.
Preparation and required documents
Preparing the final deed of sale requires gathering several documents and verifying certain essential points. The notary plays a central role in this phase.
Documents to be provided by the seller
- Title deed: Original land title or property certificate
- Identity documents: National ID card, passport for foreign nationals
- Certificate of no mortgage: Attesting to the absence of encumbrances on the property
- Tax receipts: Proof of payment of the housing tax (taxe d'habitation) and municipal services tax
- Occupancy permit or certificate of conformity: For recent constructions
Documents to be provided by the buyer
- Identity documents: National ID card, passport for foreign nationals
- Proof of financing: Final loan offer if purchasing with a mortgage
- Compromis de vente: Signed by both parties
- Proof of deposit payment: Receipt or bank statement
Preliminary checks carried out by the notary
Legal checks:
- Authenticity of the title deed
- Absence of mortgages and liens
- Compliance with urban planning rules
- Identity and legal capacity of the parties
Administrative checks:
- Tax status of the property
- Compliance with building permits
- Validity of mandatory assessments
- Verification of powers in case of representation
Practical tip: Before signing the final deed, ask your notary to send you a draft of the deed for review. This will allow you to verify the accuracy of the information and ask questions about any points that seem unclear.
Signing day
Signing the authentic deed is an important moment that typically takes place at the notary's office. Here is how this key step unfolds.
How the signing proceeds
- Identity verification: The notary verifies the identity of all parties present using valid identification.
- Reading of the deed: The notary reads the entire deed of sale aloud, explaining the important clauses and answering any questions.
- Payment of the balance: The buyer remits the remaining balance to the notary, typically via certified check. If a mortgage was taken out, the notary will have already received the funds from the bank.
- Signing by the parties: All pages of the deed are initialed and the last page is signed by the parties, any witnesses, and the notary.
- Handing over the keys: Unless otherwise agreed, the seller hands the keys to the buyer, symbolizing the transfer of ownership.
Points to verify in the deed
- Accuracy of the parties' details (names, first names, addresses)
- Precise description of the property (address, floor area, cadastral references)
- Sale price and payment terms
- Any easements and charges
- Origin of ownership (how the seller acquired the property)
- Seller's warranties (warranty against eviction, warranty against hidden defects)
Fees payable on signing day
- Balance of the sale price: Amount remaining after deduction of the deposit paid
- Registration duties: 4% of the sale price (with possible reductions)
- Land registration tax: 1% of the sale price
- Notary fees: According to the sliding scale, generally between 0.5% and 1% of the price
After signing: steps and formalities
The signing of the deed does not mark the end of the process. Several administrative steps still need to be completed.
Formalities handled by the notary
Tax procedures:
- Registration of the deed with the tax authorities
- Payment of registration duties
- Filing the capital gains tax declaration (if applicable)
Land registration:
- Filing the deed of sale at the Land Registry (Conservation Fonciere)
- Payment of the land registration tax
- Recording the transfer on the land title
Timeline: These formalities are generally completed within 1 to 3 months following the signing of the deed. The notary will then deliver an authenticated copy of the deed and a property certificate.
Steps to be taken by the buyer
- Change of address: Notify relevant authorities of your address change (if primary residence)
- Utility contracts: Transfer or set up electricity, water, internet contracts, etc.
- Home insurance: Take out insurance for the new property
- Local taxes: Register with local tax authorities for the housing tax and municipal services tax
Keeping important documents safe
It is essential to carefully preserve certain documents related to your acquisition:
- Authenticated copy of the deed of sale
- Property certificate
- Receipts for notary fees paid
- Technical assessments
- Plans and urban planning documents
- Invoices for any renovations carried out
Tip: Keep a digital copy of these documents in addition to the paper originals. This will allow you to access them easily when needed.
Next steps
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