Minister of Justice Files Complaint Against Notary in Kenitra Real Estate Case

It all started with the sale of a 30 million dirham plot of land located in an industrial zone, belonging to a finance company. The latter contacts several people who may be interested in this purchase, including a businessman. The latter mandated a notary to finalize the operation. The notary received several documents concerning this property, as well as a document listing the names of the persons authorized to represent the shareholding for this transaction, according to Al Akhbar. But the promise of sale concluded with the potential buyer was rendered null and void.

The real estate agent then contacts another businessman, who expressed his intention to buy the property. He presented a financial offer to the owner of this property. The offer was accepted. A sales contract will then be concluded between the two parties. Enough to provoke the annoyance of the first businessman. The latter then seized the justice, claiming to be in his right to conclude the purchase of this property, and asserting a document which he claimed was a deed of sale, drawn up by the notary in question. Only problem: the document was not signed by the representatives of the finance company, the owners of this property. The sale was therefore concluded without their presence. However, the regulatory provisions in force provide that notaries only sign a deed of sale after the contracting parties have signed it.

As a result, the finance company, owner of the property, and the first businessman filed a complaint against the notary. The Attorney General of the King near the Court of Appeal of Kenitra submitted the file to the Ministry of Justice so that the notary could be brought before the disciplinary commission. Abdellatif Ouahbi