What is a compromis de vente?

The compromis de vente is the first binding contract in a Moroccan property purchase. It's signed by the buyer and seller — typically in the notaire's office, though signatures can be collected remotely — and sets out the essential terms: the property being sold, the agreed price, the deposit amount, the closing deadline, and any conditions the buyer requires before final signature.

Standard practice is a 10% deposit at compromis, held in escrow by the notaire. The deposit is not handed to the seller; it's held in the notaire's client account until either the sale completes (at which point it counts toward the purchase price) or the deal falls through without fault of the buyer (at which point it's returned). This protects the buyer from sellers who might otherwise take the deposit and disappear.

The period between compromis and acte de vente — usually two to six months depending on the property's title situation — is when the notaire completes due diligence. Title search, habous check, cadastre verification, any required réquisition filing, confirmation that the seller has authority to sell (particularly for inherited or shared-ownership situations). The compromis will typically include conditions like "clear title verified by notaire" that give the buyer exit routes if serious problems surface during this period.

If the buyer walks away without a valid condition being triggered, the deposit is usually forfeited. If the seller walks away, they typically owe the buyer twice the deposit as damages. These clauses are standard but worth reading carefully in your specific compromis.