The compromis de vente is the most important document you will sign when buying property in Morocco.
Most foreigners sign it without understanding what it actually commits them to, and some never see their deposit again.
This guide explains exactly how it works, what to watch out for, and how to protect yourself at every step.
Morocco Property Purchase: At a Glance
- The compromis de vente is a preliminary sale agreement, legally binding for both buyer and seller in Morocco.
- Foreigners can legally buy property in Morocco, but funds must be imported via official banking channels (called importation de devises).
- Standard deposit is 10% of the purchase price, paid at signing.
- The deposit is often 5% to 10%, but the penalty depends on the exact wording of the compromis. The contract should clearly explain what happens if the buyer withdraws, the seller withdraws, or a condition suspensive is not met.
- Notary involvement is mandatory for the final acte de vente, but not always for the compromis itself.
- Title verification (titre foncier) is critical. Unregistered land is a serious risk for foreign buyers.
- Budget 6 to 10% on top of purchase price for taxes, notary fees, and registration costs.
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What Is a Compromis de Vente in Morocco?
The compromis de vente (also called avant-contrat or contrat préliminaire de vente) is a preliminary sale and purchase agreement signed between buyer and seller before the final deed.
Think of it as a mutual lock-in.
Both sides agree on the price, the property, and the conditions under which the sale will proceed.
Once signed, neither party can simply walk away without a financial penalty.
In Morocco, this document is governed by the Dahir des Obligations et Contrats (DOC), Morocco’s main civil code.
It is not just a formality. It has real legal weight.
Some buyers mistakenly treat it like a simple “letter of intent.” It is not. It is a binding contract.
Can Foreigners Sign a Compromis de Vente in Morocco?
Yes. Foreigners can sign a compromis de vente when buying property in Morocco, but they should be more careful than local buyers because the deal often involves international transfers, currency documentation, title checks, and unfamiliar legal terms.
Before signing, a foreign buyer should confirm that the seller is the registered owner, the property has a valid titre foncier, the deposit is paid through a traceable banking channel, and the final deed will be signed before a Moroccan notary.
This is also the stage where you should confirm how your foreign funds will enter Morocco.
If you want to repatriate money after selling the property later, you need clean banking records from the beginning.
Compromis vs. Acte de Vente: What Is the Difference?
| Document | Purpose | Notary Required? | Transfers Ownership? |
|---|---|---|---|
| Compromis de vente | Locks in price and conditions, secures deposit | Not always (but strongly advised) | No |
| Acte de vente | Final deed transferring legal ownership | Yes, mandatory | Yes |
The gap between these two documents, typically 1 to 3 months, is where most problems happen.
Step-by-Step: How the Compromis Process Works in Morocco
Here is the real-world process, not the theoretical version.
- You find a property and agree verbally on a price with the seller or agent.
- A compromis de vente is drafted, often by the agent, a lawyer, or a notary.
- You review the document carefully (and get a qualified lawyer to review it too).
- You pay a deposit, usually 10% of the agreed purchase price.
- A timeline is agreed upon for completing due diligence and signing the final deed.
- Due diligence is conducted: title verification, urban planning checks, debt clearance on the property.
- Funds are transferred from abroad through official Moroccan bank channels.
- The acte de vente is signed before a Moroccan notary, and the property is registered in your name.
What Must Be in the Compromis de Vente?
A well-drafted compromis should include all of the following.
- Full legal description of the property, including the titre foncier (land registry) number
- Full names and identification details of both buyer and seller
- Agreed purchase price and currency
- Deposit amount and payment method
- Timeline for completing the final deed
- Conditions precedent (conditions suspensives), such as financing or planning approval
- Penalty clauses if either party withdraws
- State of the property at handover
- Details of any charges, debts, or encumbrances on the property
If the document is missing several of these, you are not protected.
A one-page compromis prepared by an informal agent is a red flag.
Biggest Mistakes Foreign Buyers Make
1. Signing Without a Lawyer
This is by far the most common and costly mistake.
Many buyers trust the agent or the seller’s representative to “handle everything.”
These people work in the seller’s interest, not yours.
Always hire your own independent Moroccan lawyer (avocat) before signing.
2. Not Verifying the Titre Foncier
Morocco has a dual land registration system.
Some properties have a titre foncier, which is an official registered title issued by the Agence Nationale de la Conservation Foncière (ANCFCC).
Others do not, and are sold on the basis of informal documents called moulkiya or actes adoulaires.
Buying unregistered land as a foreigner is extremely risky and can lead to ownership disputes years later.
Always insist on a titre foncier.
3. Paying the Deposit in Cash
Cash deposits are common in Morocco’s informal market.
They leave no paper trail.
If a dispute arises, you may have no way to prove you paid.
Always pay via bank transfer and keep documentation.
4. Not Importing Funds Through Official Channels
Moroccan law requires foreign buyers to import their purchase funds through the official banking system.
This is not just a formality. It is what gives you the right to eventually repatriate the proceeds if you sell.
Without an official transfer record (called an attestation d’importation de devises), you may be unable to take your money out of Morocco when you sell.
The Office des Changes (Morocco’s foreign exchange authority) governs this requirement.
5. Skipping the Urban Planning Check
Some properties are built without proper permits or in areas with development restrictions.
A property can look perfectly legal on paper but have illegal construction elements.
Check with the local municipality (commune) and verify the certificat de conformité.
Hidden Risks Nobody Tells You About
Fake or Disputed Titles
Fraudulent property transactions exist.
In some cases, individuals present forged documents or sell property they do not legally own.
This is more common with unregistered properties and in rural areas outside major cities.
Always verify the title directly at the ANCFCC office or through a qualified notary or lawyer.
Agents With No Legal Status
Morocco does not yet have a tightly regulated real estate agent licensing system comparable to Western countries.
Anyone can call themselves an agent.
Some so-called agents operate purely informally, and if a deal goes wrong, there is no professional body to complain to.
Look for agents affiliated with FNAIM Maroc or established agencies with a physical office and a verifiable track record.
Sellers With Co-Owners or Inherited Property
Many Moroccan properties are owned by multiple family members following inheritance.
If one family member signs and others do not, the sale can be contested later.
Always verify that all registered owners have consented to the sale.
Charges and Debts on the Property
A property can have outstanding mortgage debt, unpaid taxes, or legal charges attached to the title.
These do not disappear when you buy. They transfer to you.
Your lawyer or notary must obtain a certificat de propriété confirming the property is free of encumbrances before you sign.
Misleading “Off-Plan” Projects
Off-plan property sales in Morocco carry specific legal protections under Moroccan housing law (Loi 44-00).
However, some developers operate outside these protections.
Projects have stalled, been abandoned, or delivered properties that bear little resemblance to what was promised.
Verify the developer’s track record, check that the land title is registered, and confirm a valid construction permit exists before committing any funds.
Costs, Taxes, and Real Numbers
Here is what you actually need to budget beyond the purchase price.
| Cost | Rate / Amount | Notes |
|---|---|---|
| Registration tax (droits d’enregistrement) | 4% of purchase price | Paid at signing of final deed |
| Land registry fee (conservation foncière) | 1% of purchase price | For registering in your name at ANCFCC |
| Notary fees (honoraires du notaire) | ~1% (regulated scale) | Set by law, not negotiable |
| Stamp duty (timbre fiscal) | ~0.5% | Applied on the deed value |
| Agent commission | 2 to 3% (sometimes more) | Confirm in advance, get it in writing |
| Legal fees (your lawyer) | Variable, budget 1 to 2% | Worth every dirham |
| Total transaction costs | ~6 to 10% | On top of purchase price |
These figures apply to standard residential property purchases.
New-build properties sold by developers may include VAT, often at the standard 20% rate, although social housing and specific low-cost housing programs may follow special rules. Always ask whether the quoted price is TVA incluse or TVA exclue before signing.
Capital gains tax (taxe sur la plus-value) applies when you eventually sell, currently set at 20% on net gain, with reductions for long holding periods.
Planning to buy in Marrakech specifically?
Marrakech has unique rules, risks, and opportunities. Know them before you commit. Read: Buying Property in Marrakech as a Foreigner →
How to Verify Everything Safely
Title Verification
Visit or instruct your lawyer to visit the local ANCFCC office to confirm the property has a valid titre foncier.
Confirm the seller’s name matches the registered owner on the title.
Ask for a certificat de propriété dated within the last 30 days.
Legal Due Diligence Checklist
- Title Confirm property has a registered titre foncier
- Ownership All co-owners have signed or consented
- Debts No mortgage, charges, or tax debts attached to title
- Planning Valid building permit and conformity certificate
- Agent Agent is legitimate and commission terms are written
- Funds Transfer via Moroccan bank with official import documentation
- Contract Compromis reviewed by your own independent lawyer
- Notary Final deed signed before a licensed Moroccan notary
Finding a Qualified Notary or Lawyer
Notaries in Morocco are regulated by the Chambre Nationale des Notaires du Maroc.
You can verify a notary’s registration directly with the chamber.
For lawyers, the relevant body is the Conseil National de l’Ordre des Avocats du Maroc.
Choose someone with documented experience in property transactions involving foreign buyers.
What I Have Seen Happen: Real Scenarios
The Deposit That Vanished
A British buyer agreed verbally on a price, paid a 10% cash deposit to an agent “to hold the property,” and received a handwritten receipt.
Three weeks later, the agent was unreachable and the seller denied any agreement existed.
Without a formal compromis signed by the actual seller, and without a bank transfer record, there was no legal recourse.
The 15,000 EUR deposit was gone.
The Title That Was Not a Title
A French couple purchased a traditional riad in a medina.
The seller presented actes adoulaires (traditional notarial documents) as proof of ownership.
Several years after completing the purchase, a distant family member successfully challenged the sale on the basis of inheritance rights.
A formal titre foncier would have provided much stronger protection.
The Off-Plan Project That Stalled
A German buyer signed a compromis for a new apartment in a development outside Marrakech.
The developer encountered financing problems two years in.
Construction stopped. The buyer had paid 40% of the purchase price.
Legal proceedings in Morocco are slow and costly for foreign nationals.
The lesson: always verify a developer’s finances and delivery track record before signing anything for off-plan property.
The Double Commission Trap
In some deals, the same agent represents both buyer and seller simultaneously.
In practice, this means neither side is truly represented.
The agent’s incentive is to close the deal at any price, not to protect your interests.
Always have your own independent representation.
What Most Websites Won’t Tell You
The “Notarial Compromis” vs. the Private Compromis
You can sign a compromis either as a private document (signed between parties only) or as a notarial act (signed before a notary).
A notarial compromis carries more legal weight and is harder to dispute.
For foreign buyers, paying a notary to formalize the compromis from the start is a smart investment, not an optional extra.
The 90-Day Rule for Repatriation
Morocco’s Office des Changes requires that funds imported for a property purchase be used within 90 days of import.
If your purchase timeline runs longer than expected, you may need to re-import or consult the Office des Changes directly.
Plan your banking and transfer timeline carefully with your Moroccan bank from day one.
Medina Properties Carry Additional Complexity
Properties inside the historic medinas of Marrakech, Fes, and other cities may be subject to heritage protection rules.
Renovation works, structural changes, and even certain exterior modifications may require special permits from the relevant municipality or the Ministry of Culture.
What looks like a simple riad purchase can come with a complex planning overlay that many buyers discover only after signing.
The CIN vs. Passport Identification Question
If the seller is a Moroccan national, their identity in the compromis must match their Carte Nationale d’Identité (CIN) exactly.
Discrepancies between the CIN name and other documents are surprisingly common and can delay or invalidate the final deed.
Catch this at the compromis stage, not at the acte de vente.
Not All Notaries Are Equal for International Transactions
Some Moroccan notaries handle a high volume of international property transactions and are familiar with the foreign exchange documentation requirements.
Others rarely work with foreign buyers and may not flag the attestation d’importation de devises requirement until late in the process.
Ask your notary directly how many property transactions involving foreign buyers they have completed in the past year.
You’ve done the research. Now get the right support on the ground.
Buying Property in Marrakech: The Full Guide for Foreign Buyers
This article is for informational purposes only and does not constitute legal or financial advice. Property laws and regulations in Morocco can change. Always consult a qualified Moroccan lawyer or notary before signing any property agreement.
Anis is the founder of Buy Property Morocco, a research-based resource created to help foreign buyers understand the real process of buying property in Morocco safely.
He focuses on the practical details most buyers only discover too late: title deed checks, notary steps, compromis de vente risks, transfer taxes, foreign banking rules, repatriating money after a sale, and avoiding common mistakes when dealing with agents or sellers.
Anis has personally bought 4 properties in Morocco and shares practical guidance based on real experience, not theory.
If you are seriously considering buying property in Morocco and want private guidance before you send money, pay a deposit, or sign anything, you can book a buyer safety call here:
