The following documents are usually involved:

• Bilateral promise
  • The bilateral promise includes a detailed description of the real estate property, the sale price, the terms of payment, the delivery date and the property specifications comprising useful technical information about the property. The property specifications are executed by the parties and a certified true copy is issued to the purchaser. Although it is a binding agreement, it is merely a promise to sell/buy, and the completion of the transfer remains subject to various conditions precedent.
• Final purchase agreement
  • The main document in any real estate acquisition is normally the purchase agreement to be executed between the buyer and the seller.
  • According to Moroccan law, this agreement should contain, in particular, the following: 
    • Information about the parties 
    • Information about the property title and all rights over the real property (real surety, easement, or lien) 
    • Description of the land
    • Purchase price and the payment terms 
    • Date of delivery
  • Several documents must be attached to this agreement. The list varies on a case-by-case basis but often includes a guarantee (if any), architectural maps and a certificate provided by an engineer.
  • Before execution of the purchase agreement, the buyer may conduct due diligence. Due diligence may include title and zoning searches and a review of any leases and surveys of the property. An independent environmental assessment is recommended as well as an independent engineering review of the property, particularly for older buildings. 

Under the purchase agreement, the seller may provide representations and warranties.

If the property has buildings that have been constructed recently, the buyer benefits from the decennial guarantee provided for by Moroccan law. This guarantee is provided by the constructor and not the seller. For a period of 10 years following the completion of the construction of the building, the decennial guarantee covers all damage, including the safety of the project and, more specifically, defects in materials used in construction, that could make the project unsuitable for use (roof defects, water leaks, wall and foundation structural defects, etc.).

Parties are legally bound as soon as they execute a promise of sale.

Registration of a deed of transfer is typically seen as the event that marks the transfer of title from the seller to the buyer.

It is common practice in Morocco that the buyer bears all the fees and costs in relation to the transfer. The buyer usually pays for the following:

• Due diligence costs
• Due diligence inquiries made to statutory and government bodies
• Registration fees
• Transfer taxes
• Notary fees
• Buyer's legal costs

The seller usually pays for the following:

• Seller's legal costs
• Income tax on any profit made on the sale of the real estate