Buying Property in Agadir: A Guide to a Secure Purchase

Agadir attracts Moroccan buyers, Moroccans living abroad and foreign nationals: seafront flats, new residences, villas in Aourir or Tamraght, land towards Biougra and the hinterland. Buying property is often the investment of a lifetime. Yet many of the disputes we handle could have been avoided with a few checks before signing. Here is how to buy safely in the Agadir region.

1. Check the property’s legal status

This is the most important point. In Morocco, a property can be:

• registered: recorded at the land registry with a land title (titre foncier), which is conclusive proof of ownership and of the rights attached to it;
• in the process of registration (a pending application);
• unregistered (“melk”): ownership is established by deeds drawn up by adouls and by possession.

A registered property offers far greater security. Before committing, request a recent property certificate from the land registry: it shows the registered owner, mortgages, attachments, easements and any restrictions. To understand what is at stake, read land title or unregistered melk land.

Also check that the seller is the sole owner. Inherited property is often held in co-ownership by several heirs, and buying from just one of them exposes you to serious difficulties. See inheritance and division in Morocco.

2. Check planning and the property’s condition

For a flat or a house, check:

• that there is a building permit and an occupancy permit (or certificate of conformity);
• that the building matches the plans: an unauthorised floor or extension can cause problems;
• for a flat, the co-ownership rules and that no service charges are outstanding;
• for land, its zoning in the development plan: can it be built on, and for what use?

3. The preliminary agreement

The preliminary agreement (compromis or promise of sale) sets the price, the deposit, the date for signing the final deed and the conditions precedent, such as obtaining a mortgage. It must be drafted carefully: a vague agreement on what happens to the deposit if the sale falls through is a frequent source of disputes.

4. The deed of sale: a form required by law

The Real Rights Code requires deeds transferring real property to be drawn up by a notary, by adouls or by a lawyer authorised to appear before the Court of Cassation, failing which they are void. A simple private agreement is not enough. The deed must then be registered for tax and recorded at the land registry: for registered property, it is recording the deed that makes the buyer the owner as against everyone.

5. Price and costs

In addition to the price, budget for registration duties, land registry fees, the notary’s or adouls’ fees and any mortgage arrangement fees. The seller, for their part, pays the tax on the capital gain.

One essential piece of advice: declare the real price. Paying part of the price “under the table” exposes the buyer to tax reassessments, deprives them of proof of what they paid and complicates any resale.

6. Buying as a foreigner or a Moroccan abroad

A foreign national can freely buy urban property in Morocco; buying agricultural land, however, is subject to restrictive rules. It is strongly recommended to fund the purchase by a bank transfer in foreign currency and keep proof of it, so that the proceeds of a future sale can be repatriated in accordance with exchange control rules. If you cannot attend the signing, a suitable power of attorney is needed: see our guide for Moroccans abroad.

7. Buying off-plan

Many new developments in Agadir are sold before completion. Off-plan sales follow specific protective rules: see buying off-plan in Morocco.

The most common traps

1. Buying unregistered land without investigating its origin.
2. Paying a large deposit against a mere receipt.
3. Buying from one heir without the others’ agreement.
4. Signing without checking the property certificate on the day.
5. Buying a flat whose land title has not been split into individual titles.

A real estate lawyer in Agadir

The office of Maître Said Laachili assists buyers and sellers in Agadir, Inezgane, Biougra and across the Souss region: due diligence, drafting and reviewing preliminary agreements, securing payments, and disputes with sellers or developers, as part of its real estate law practice and for clients living abroad. If you plan to let the property, also read what to do when a tenant stops paying.

Planning a purchase in the region? Have the file checked before you sign.