What does the notaire actually do?

In Moroccan property, the notaire is the central legal figure in the transaction. They are not advocates for the buyer or the seller — they represent the legality of the transaction itself. Their signature and registration of the acte de vente is what transfers ownership under Moroccan law.

Specifically, the notaire:

• Verifies title. Checks the cadastre records for titled property, traces the ownership chain for melkia, verifies that the property is not habous, identifies any encumbrances (mortgages, servitudes, disputed boundaries) that might affect the sale.
• Drafts the contracts. Both the compromis de vente and the acte de vente are drafted by the notaire, in French and Arabic, following standard legal forms. The buyer and seller can negotiate specific clauses, but the notaire ensures the document is legally sound.
• Holds funds in escrow. The buyer's deposit at compromis and the balance at acte are held in the notaire's client account, not passed directly to the seller. This protects both parties.
• Calculates and collects taxes. Frais de notaire (notary fees, registration tax, cadastre fees) are calculated and collected by the notaire and remitted to the tax authority.
• Registers the sale. The acte de vente is filed with the ANCFCC, the cadastre is updated, and the buyer eventually receives a new titre foncier with their name on it.

A good notaire takes several weeks on this work for a titled property and longer for a melkia. Attempting to speed them up by cutting corners is a sign that you have the wrong notaire. If your notaire is consistently telling you the title search needs more time, believe them.

Foreign buyers sometimes ask if they need both an agent and a notaire. The answer is yes — they serve different functions. The agent finds the property and negotiates the price. The notaire secures the title and completes the legal transaction. Neither replaces the other.