The solicitor in Morocco
The solicitor is a publicly appointed official, named(appointed) by Dahir Royal and who received delegation of the authority of the State to give to the acts that he drafts the character of authenticity, his acts are drafted in French language. The solicitor guarantees the good progress of any real estate transaction(deal), it is thus a professional whose opinion(notice) is indispensable to reassure(secure) a transaction(deal). It also has for mission to inform, in any impartiality, the investors about the reach(impact) of the commitments which they take.
Role of advice
The solicitor is going to intervene in all the process of acquisition or sale of an immovable property. He can intervene only if the immovable property is registered (in correspondence of the dahir of August 12th, 1913 concerning the legislation applicable to the registered buildings) or if it is the object of a requisition of registration. The solicitor has to proceed to a consultation with the land(basic) preservation of the place of situation of the immovable property to determine the land(basic) situation of the good(property) to acquire. The good(property) must be free from all encumbrances, no mortgage or sequester of property has to burden the good(property) object of the real estate transaction(deal). The solicitor not only has to inform his customers about the consequences of the commitments that they are going to begin but also to assure(insure) the formal regularity of the act which he is going to draft.
Writer of acts
The solicitor has to draft the authentic act of sale and it is during the signature of the act that the buyer has to fulfill rights and taxes bound(connected) to the acquisition. The solicitor will ask you, the day of the signature of the bill of sale, for a reserve which has to cover the totality of its expenses. A few months later, the solicitor has to send you a summary of all the expenses engaged(opened) for the acquisition, usually accompanied with a check representing the difference between the amount of the reserve and that of the real cost of the operation. Once all the made formalities (formalities of recording), the buyer will see putting back(handing) by the solicitor a certificate of property giving evidence that he is good the new owner of the sold good(property).
What we call collectively solicitor's expenses are essentially taxes collected by the solicitor for the state and local authorities and vary according to the legal nature of the good(property). He(it) decomposes in the following way:
- Transfer taxes: tax of land(basic) advertising(publicity), the cost of excise stamps, real estate VAT, outlays (it is about sums advanced(moved) by the solicitor to get itself various documents: the cadastral extract, the mortgage states, the planning certificate, the purge of the right of preemption, the salary of the land registrar).
- The fees of the solicitor: they come to pay the role of advice(council) and the writing(editorial staff) of acts established by the solicitor such as: sales agreement, provisional sales agreement, authentic acts or still mortgage affectation(appointment). Honorary of the solicitors: 1 % with perception minimum of 2500 DH + T.V.A in 10 %. Notarial tax: 0,5 %.