A notary is a public officer who has received delegation of power from the State named by the Dahir Royal to give authenticity to the deeds he has drawn, these deeds are written in the French language.

The notary guarantees the proper flow of all real estate transactions, he is thus a professional of which his advice is indispensable to secure a transaction.

His responsibility is also to inform with absolute fairness the co-contractors on the commitments they have taken.

Role of counsel

The notary will intervene during every step of the purchase or sale of property. He may do so only if the property is a registered one (in accordance with Dahir August 12 1913, relative to the legislation applicable to registered buildings) or if he summons a registration.

The notary must proceed with a consultation with the property conservation agency of area of location of the property to enable him to determine the property status of the property being acquired. The property must be free of all charges; no mortgage or conservatory seizure must burden the property transaction.

The notary not only informs the clients of the consequences of their commitments but also guarantees the positive regularity of the deed he has drawn.

Editor of deeds

The notary must draw the authentic sales deed and it is at the signing of the deed that the buyer must pay all fees and taxes tied to the acquisition.

The notary will ask at the day of signing payment that must cover the totality of his costs.

Several months later the notary must send you a recap of the costs engaged for the acquisition usually joined with a check representing the difference between the funds provided and the actual cost of the operation.

Once the formalities have been executed (formalities of registration) the notary will give the buyer the title deed attesting that he is the new owner of the property sold.

Notary fees

What are often described as notary fees are essentially taxes collected by the notary on behalf of the State and local communities and vary depending on the legal nature of the property acquired.

It is broken down in the following manner:

- transfer fees : Public property tax, the cost of fiscal stamps, real estate VAT, pay outs (payments advanced by the notary to enable him to procure various types of documents : the cadastral certificate, the mortgage status, the town planning certificate, the purge of the right of pre-emption, the salary of the administrator of mortgages).

- The actual fees for the notary: (refer to the tax section for more details)

Pay for the consultancy role of the notary as well as the writing of the deeds and acts established: down payment agreement, sales agreement, authentic deeds and the mortgage deed).

- Notary fee: 1% with a minimum of 2500 DH + VAT at 10%

- Notarial tax : 0,5%

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