The real power of this report: what's documented as apparent is no longer actionable, but anything NOT listed automatically becomes a hidden defect (vice caché) if it appears later — actionable within two years of delivery of the property and, in any event, within five years of the conclusion of the sale (DOC art. 573, as amended by Law No. 40-24 promulgated by Dahir No. 1-24-38 of 7 August 2024). This is the one tool that reverses the burden of proof in your favour.
Legal trap — DOC art. 572
Article 572 of Morocco's Dahir des Obligations et Contrats states: "The seller is not liable for apparent defects or those the buyer could have noticed himself." In practice: cracked tiles, peeling paint, visible leaks, an already-visible damp patch — anything an ordinary-diligence buyer could see is presumed accepted at signing.
Conversely, DOC art. 573 gives the buyer recourse for hidden defects — defects NOT visible at sale. For a property, the action must be brought within two years of delivery of the property and, in any event, within five years of the conclusion of the sale (DOC art. 573, as amended by Law No. 40-24 promulgated by Dahir No. 1-24-38 of 7 August 2024, published in Official Bulletin No. 7328 of 22 August 2024).
The legal crux: whether a defect is "apparent" or "hidden" depends entirely on what the buyer should have seen during a diligent inspection. Moroccan judges often apply this diligence test strictly against lay buyers. That's where the pre-purchase report becomes decisive.
Four legal effects of a pre-purchase report
- It freezes the apparent state at time T — every visible defect is listed, photographed, timestamped and geolocated. Report signed by a RICS-certified expert.
- It reverses the burden of proof in future litigation — if a defect appears later, the buyer no longer has to prove it was hidden. Simply demonstrate it's absent from the report. The seller must prove the defect arose post-sale (usually impossible).
- It enables price renegotiation — apparent defects become documented bargaining chips (repair costings attached).
- It can become a clause in the compromis de vente — conditions precedent, repair requirements, penalties. The sale agreement expressly states the report is part of the contract.
Case study — Anfa apartment, Casablanca (March 2026)
Our client ("Ms. B.", anonymised), a French-based banking executive, wanted to acquire a 145 m² 3-bedroom apartment in Anfa Supérieur. Asking price: 3.8 M MAD. Older building (1987), refurbished by the seller in 2018. Paperwork seemingly clean: ANCFCC title, up-to-date condominium minutes, paid charges.
ReaConsult mission: apparent-defects inspection before signing the compromis de vente, to secure the acquisition. On-site visit on March 14, 2026, contradictory with the seller.
What the inspection revealed (apparent)
The 34-page report recorded 22 apparent defects, ranked by severity:
Negotiation outcome
- Price renegotiated from 3.8M to 3.72M MAD (-80,000 MAD / -2.1%).
- 3 major defects fixed by the seller before signing: windows, electrical panel, extractors. Verified at handover.
- Compromis clause: the ReaConsult report is attached and forms an integral part of the contract. Any future challenge on a listed defect is barred — but any defect NOT listed remains actionable as a hidden defect.
Alternative scenario — no inspection
Without the pre-purchase report:
- Kitchen leak discovered 2 months in: deemed apparent → no recourse.
- Window infiltration in November: seller argues "she should have seen degraded seals" → likely deemed apparent → no recourse.
- Dangerous electrical fault found during renovation 18 months in: same reasoning → case lost if litigated.
- Total out-of-pocket without report: ~40,000 MAD repairs + lost negotiation leverage 80,000 MAD = ~120,000 MAD wasted.
Inspection ROI: 5,500 MAD fee → net saving ~114,500 MAD, a 20× ratio. Plus peace of mind: any defect NOT listed that appears later is now a hidden defect, suable.
Why a report you can check line by line matters
An inspection is worth what can be checked in it. Our reports are produced by RICS-certified experts carrying professional indemnity cover: every defect dated, photographed and located, every repair costed item by item. That is what allows the substance to be discussed rather than the form. Where a dispute goes to court, the judicial expert appraisal itself is ordered by the judge, who appoints their own expert.
In practice, this credential makes a huge difference: judges treat the report as a first-order evidential document, rarely rebutted, and often deny counter-expertise requests (saving you time and money).
When to inspect
- Between accepted offer and compromis signature — ideally 7-15 days before signing.
- Inspection as a conditional precedent — have the offer include an inspection-favourable condition. A serious seller accepts.
- Multi-season visibility — if possible, visit in autumn/winter to catch water leaks (windows, roof, balcony).
- New-builds (VEFA) — inspection happens on handover day (see our dedicated VEFA service).
Fees & timing
- Studio / 2-br (< 70 m²): 2,500 – 3,500 MAD excl. tax
- 3/4-br apartment (70-150 m²): 3,500 – 5,500 MAD
- Villa (150-400 m²): 5,500 – 10,000 MAD
- Turnaround: 5-7 days from booking to report (48h express possible).
- Combined pack — inspection + RICS valuation: -15%.
Purchase in view? Inspect it before signing.
RICS-certified experts. Quote within 24h, inspection in 5-7 days.