Suspensive conditions of a sales agreement in Morocco

The preliminary sales agreement (compromis de vente, or avant-contrat) is a crucial stage in the process of buying a property. It marks the agreement between buyer and seller on the terms of the sale, but its validity is often subject to conditions precedent. These conditions play a vital role in ensuring that the transaction can proceed without a hitch. This article explores the various suspensive conditions in Morocco, their importance, and how they influence the sale of real estate.

What is a Suspensive Condition?

A suspensive condition is an event whose fulfillment is necessary for the sale to be finalized. In Morocco, as in France, these conditions are essential, as they allow the parties to withdraw from the contract if certain conditions are not met. Unlike potestative conditions, suspensive conditions cannot be modified by the will of the parties involved. Their fulfillment depends on external factors over which the buyer and seller have no direct control.

Common Suspensive Conditions

Credit Suspension Condition

One of the most frequent conditions precedent is the obtaining of a mortgage. When the purchase is financed by a bank loan, the compromis de vente includes a suspensive condition stipulating that the purchase can only be finalized if the buyer obtains the necessary financing. This period is generally 2 to 3 months. If the buyer does not receive the loan, the compromis de vente becomes null and void. This protects the buyer by avoiding committing him to a transaction he cannot finance.

Suspensive condition of building permit

For properties requiring construction or renovation work, the compromis may include a condition precedent linked to obtaining a building permit. This condition ensures that the sale will only be finalized if the buyer receives the necessary authorizations to carry out the planned work. This condition is essential for buyers who plan to make significant modifications to the property.

Other suspensive conditions

In addition to the loan and the building permit, several other conditions can be mentioned in a preliminary sales agreement:

• No right of first refusal This clause stipulates that the property must not be subject to a right of pre-emption by a tenant or local authority.
• No easement The property must not be affected by easements that could restrict its use.

Importance of Suspensive Conditions in a Sales Agreement

Suspensive conditions play a crucial role in protecting the parties involved. They ensure that the sale is not finalized until specified conditions are met. This allows both buyer and seller to withdraw from the transaction without penalty if certain conditions are not met. This helps to secure the transaction and avoid potential disputes.

How to negotiate and establish Suspensive Conditions?

Negotiation steps

1. Market analysis : Find out about market prices and conditions so that you can correctly assess any suspensive conditions.
2. Professional consultation : Use a real estate agent or legal advisor to help you define and negotiate the terms.
3. Identifying priorities Determine your priorities and objectives when negotiating suspensive conditions.

Examples of Suspensive Conditions to be Negotiated

• Credit response time Negotiate sufficient time to obtain a response from the banks.
• Building permit deadline : Allow a realistic timeframe for obtaining the necessary authorizations.

Conclusion

The compromis de vente is an essential element in the process of buying a property in Morocco. Suspensive conditions enable the parties to secure the transaction by ensuring that all necessary conditions are met before finalizing the sale. Whether for a guest house for sale or a villa for sale in MarrakechUnderstanding and correctly negotiating these conditions is crucial to ensuring a successful transaction. If you are looking for advice or would like information on the options available, please do not hesitate to contact us. Marrakech real estate agency for professional, personalized assistance.

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