Question 1

What is a hidden defect in Moroccan real estate law?

Accepted Answer

Under article 549 of the Moroccan Code of Obligations and Contracts (DOC), a hidden defect (vice caché) is a flaw that makes the property unfit for its intended use, or significantly diminishes its use to the point that the buyer would not have purchased it had they known, and that was not visible upon ordinary inspection by a diligent buyer. Examples: hidden water infiltration, structural defects, faulty insulation, asbestos presence, foundation issues, concealed electrical problems.

Question 2

What is the difference between hidden and apparent defects?

Accepted Answer

An apparent defect is visible during a reasonable inspection by the buyer (peeling paint, visible cracks, faulty equipment). Under article 569 DOC, the seller is not liable for apparent defects the buyer could observe. A hidden defect, by contrast, is not detectable by an ordinary buyer. Pre-purchase inspection by an MRICS expert turns potential hidden defects into apparent defects, helping you avoid the trap.

Question 3

What are the time limits to act in Morocco?

Accepted Answer

For a property, the hidden-defect warranty action must be filed within two years of delivery of the property and, in any event, within five years of the conclusion of the contract of sale: article 573 DOC, 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. For VEFA (off-plan purchase, law 44-00), the biennial guarantee covers separable equipment for 2 years after delivery, and the decennial guarantee covers defects affecting structural soundness or rendering the property unfit for purpose for 10 years. Preserving evidence from day one (photos, videos, witnesses, repair quotes) is essential to safeguard your rights.

Question 4

What recourse exists for hidden defects?

Accepted Answer

Article 556 DOC offers two options: (1) rescissory action — return of the property against full refund of the price, or (2) estimatory action (quanti minoris) — keeping the property against a price reduction proportionate to the defect. Choice depends on the severity and repair feasibility. If the seller knew about the defect and concealed it (bad faith), additional damages can be obtained.

Question 5

How much does a hidden-defects expertise cost in Morocco?

Accepted Answer

A hidden-defects expertise starts at 3,500 MAD for a standard apartment, 5,000 to 8,000 MAD for a villa, and 8,000 to 15,000 MAD for a commercial asset or income property. The cost includes the contradictory site visit, technical analyses (soundings, measurements, sampling if needed) and a court-admissible report compliant with RICS Red Book standards. For new VEFA properties, the expertise can be performed before the lifting of reserves to preserve recourse rights.

Hidden Defects Diagnosis — Morocco

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