The document title is not enough
An offer, reservation, promise or preliminary agreement (compromis) does not have a scope determined solely by its title. Their content, the location of the property, the required formal procedures and the applicable law must be examined. The Code of Obligations and Contracts provides, in particular, the framework for forming commitments; specific rules may also apply. Do not state that a message is necessarily without effect because it is informal, nor that a foreign template is suitable for Morocco. Identify the parties, capacity and powers, object, proposed price, conditions, duration and acceptance procedures. Before suggesting a signature or payment, have the scope of the document and the handling of funds clarified by the competent professional.
Fictional example
The client writes "agreement on price, subject to financing". Forwarding only the price would omit an important condition of their statement.
Retain the conditions and verify the scope of the written document.
Building the list of conditions
Distinguish missing information, conditions of commitment and simple preferences. A condition must be formulated clearly: expected event, timeframe, supporting document and the consequence to be specified. The advisor gathers the requirements; they do not draft complex legal clauses alone. Financing, vacant possession, documents or inspections can affect the timeline depending on the case file. Also verify the individuals who must consent and their power of representation. Any amount paid must be accompanied by a clear framework: recipient, nature, holding arrangements, allocation and potential refund. Do not promise an automatic refund or a universal right of withdrawal. Specific regimes, particularly in VEFA (off-plan sales), require specific reading.
Fictional example
The vendor offers a discount in exchange for an immediate payment. The priority is to clarify the document and the conditions of payment, not to deduce that the discount secures the transaction.
An amount and a date are not enough to define a commitment.
From summary to transmission
Prepare a factual note for the professional responsible for the deed: identity and powers to be verified, property and documents, proposed price and inclusions, reservations, financing, occupancy status and desired timeline. Attach the correspondence establishing the relevant conditions, managing document versions carefully. Obtain confirmation on what the parties authorize to be transmitted. If a response is missing, state "pending" instead of presenting a presumed agreement. Explain the confirmed next steps to the client as well as those still subject to verification. This discipline reduces misunderstandings but does not constitute legal approval of the file. The guided case requires you to identify a lost reservation, an unestablished power of attorney, and an ill-defined payment.
Fictional example
A new version removes an important reservation. You explicitly point out the modification and request clarification before presenting it as accepted.
Each version must preserve the conditions actually expressed.
Your practical application work
In Oujda, the buyer offers a price subject to financing. The vendor wants a payment, and their representative has not yet provided proof of power of attorney.
- The terms of agreement and reservations
- Verifications regarding the representative and the payment
- Your transmission note to the legal professional handling the deed
Sources and benchmarks
- Adala · Code of Obligations and ContractsReference source for the topic. Scenarios, working methods and durations are educational constructs created by CBE; the source does not certify them.
- Adala · DOC, updated Arabic version published July 2026Updated version identified during official search. Reconcile applicable provisions against current texts; the 2024 French PDF serves as an earlier reading guide.