Hidden Defects — 3-bedroom Apartment, Maarif, Casablanca

Real anonymised case study. A buyer discovers, 8 months after signing, chronic water infiltration and evolving cracks the seller never disclosed. DOC arts. 549-571 procedure, repair scope 340,000 MAD, ongoing litigation.

Background

Our client (anonymised as "Mr. A.") purchased in May 2025 a 128 m² full-ownership 3-bedroom apartment in Casablanca's Maarif district for a declared price of 2.3 M MAD. The building was delivered in 2018 by a local developer. The deed was signed at notary after a single 45-minute visit, with no independent inspection.

Eight months after move-in, Mr. A. noticed the first damp patches on the living-room ceiling. Winter 2026 (January-February) worsened the infiltration, and vertical cracks appeared on the load-bearing wall. When contacted, the seller denied any defect — claiming he had "seen nothing" during his three years of occupation.

Engagement of ReaConsult

March 2026, Mr. A. engaged ReaConsult. Objectives: establish pre-existence of the defects before sale (a key condition under Moroccan DOC art. 549), quantify the repair cost, prepare the file for a hidden-defects action within the 2-year statute running from discovery.

Methodology

1. Contradictory on-site inspection (3 hours) on March 18. Seller summoned by bailiff, absent. Exhaustive survey: 47 timestamped and geolocated photos, crack gauge, moisture meter, laser level.
2. Pre-existence investigation — review of the building's condominium AG minutes. A PV from December 2023 (18 months before the sale) explicitly mentions a waterproofing leak on the roof-terrace above the subject apartment — not disclosed to the buyer by the seller, who was then owner-occupier and member of the condominium bureau.
3. Destructive sampling targeted at the ceiling — 30 mm core confirms active infiltration on the waterproofing side, with visible rebar carbonation.
4. Laboratory testing — wall plaster sample, moisture content 14.8% (threshold 3%). Certified analysis.
5. Structural cracks — 3 crack-monitoring gauges installed with 30-day intervals. Evolution of 0.2 mm in 30 days: active cracks, likely related to differential settlement.

Characterisation of the defect (DOC art. 549)

All four cumulative conditions are satisfied:

• Severity: the waterproofing defect makes the living room uninhabitable from the October rains onward (>14% wall moisture).
• Pre-existence: evidenced by the December 2023 condominium AG minutes (18 months before the May 2025 sale).
• Non-apparent: the summer visit (May 2025) could not reveal the seasonal humidity; the cracks were masked by a recent wall repaint.
• Non-disclosure: the seller, a member of the condominium bureau at the time of the 2023 minutes, had knowledge of the defect and did not mention it in the deed.

Repair scope & pricing

Legal outcome

1. April 2026 — 42-page ReaConsult report delivered, validated by a sworn judicial expert registered with the Casablanca Court of Appeal.
2. May 2026 — Formal notice sent to the seller by registered post. Demand for full takeover of repairs + damages.
3. June 2026 — Seller silent. Summons for a judicial expertise, followed by action on the merits before the Casablanca Anfa TPI on the basis of DOC arts. 549 and 569.
4. Expected outcome: given the strength of the file (documented pre-existence, rigorous expertise, sourced pricing), high probability of proportional price restitution (actio quanti minoris) or rescission of the sale (actio redhibitoria).

Take-aways

• A pre-purchase inspection at 4,000-6,000 MAD would have prevented this 347,000 MAD situation. Systematically profitable.
• Never visit an apartment only in summer — a winter visit reveals infiltration.
• Always review the last 3 condominium AG minutes before signing.
• Demand a written and detailed no-defects declaration from the seller (DOC art. 552: seller's knowledge aggravates liability).
• Act fast: the DOC statute is 2 years from discovery of the defect. Don't wait for aggravation.