This is the act by which the seller agrees to sell you real estate and you to buy it, and which specifies the conditions of sale of the property. When the compromise is accompanied by the payment of a deposit, it becomes important to correctly draft this act by mentioning all the appropriate conditions precedent (Cf II.3), and to verify the feasibility of the bank financing of your project, with CAFPI, which graciously offers this service to its interlocutors.
It is possible to establish this preliminary contract under private seal or notary. The latter being held to the duty of advice, the parties benefit from enhanced protection. It is also quite acceptable and possible to sign it from individual to individual or with a real estate agent. Only constraint: a promise signed under private seal must be registered within 10 days
1. Are you hesitating between a private deed or a notary?
The documents have the same legal value, even if the notarial deed is in practice more secure. The authentic act, however, costs more than a private sub-contract. The difference in the tariff is especially noticeable at the level of the emoluments of the editor.
However, this rule knows more and more exceptions. Authentic (notarized) deeds are no longer systematically more expensive than private deeds, especially for contracts for the sale of social housing (around 1500 Dhs). Paradoxically, there are highly reputable legal advisers who can charge a higher price than a notary.
To play security is therefore to pass by a notarial act, and the speed / price the act under private signature.
2. The content of an agreement of sell?
This contract must be drawn up in two original copies and its form is free. It contains the following mentions most of which are mandatory:
- the price of the land and the list of taxes included in the price
- the designation of the purchased land (place, surface, SHON constructible ...)
- the approximate amount of notary fees
- the amount deposited as a guarantee
- the date of signature
- the signatures of the seller and the buyer
- the terms of payment.
- easements related to the land
- a statement by the seller that the land is not located on an unstable basement (quarries, embankments, mining galleries ...)
- a reference to the geological study of the subsoil if it was made by the seller (otherwise, the possibility by the buyer to be able to do it before the purchase)
- a clause for reimbursement of the guarantee in case of fulfillment of a condition precedent
- the conditions precedent