Morocco Real Estate: Expert Explains Hidden Defects in Property Purchases

By definition, hidden defects in real estate represent anything that lowers the value of a property or damages its use after acquisition, according to article no. 549 of the Dahir of Obligations and Contracts (DOC). Defects differ from flaws which are less serious and not guaranteed. As an example of defects in a property, there are water leaks in the pipes, appearance of damp spots on the walls, water infiltration due to a failure in the waterproofing of the terraces, structural cracks in the pillars and walls, detachment of the coating..., said the expert.

In the interviewee’s opinion, when a defect is found, the positions clash. Either the seller waives the compensation, or he tries to prove that the defect occurred after the sale, or it is the buyer who decides to go to court. Moreover, each real estate sales transaction results from two regulatory phases, "before the delivery of the property" and "after the delivery of the property". Under article no. 549 of the DOC, during these two phases and in the event of finding a construction defect, the seller must necessarily take charge of the repairs or compensate the buyer.

However, the conditions to be met in order to benefit from the regulatory guarantee of construction defects are indicated in the DOC. Thus, before the handover of the keys, the detected defects, the defects declared by the seller, the defects identified by the buyer and others are automatically guaranteed by the seller, but only if they are claimed by the buyer under articles no. 569 and no. 571 of the DOC, warned Mr. Lazim. There are several other conditions for the seller or the buyer to take charge of the defects. For the warranty period for hidden defects, under article no. 573 of the DOC, the buyer has up to 365 days from the handover of the keys to claim a repair. But article no. 65 of law 31-08 setting the measures for the protection of consumers now sets the deadline at 2 years from the date of handover of the keys, he specified.