Power of Attorney to Buy Real Estate in Morocco for MRE: Sign Without Travelling

Yes, since Law 69-16 of 14 September 2017, any power of attorney to buy or sell property in Morocco must mandatorily be in AUTHENTIC FORM (notarial or adoul). A private deed power of attorney legalised at the consulate will be refused by the Land Registry.

The power of attorney must include: precise identity of principal and agent, detailed description of the targeted property (or selection criteria), the authorised CEILING PRICE, payment powers, and validity period. Without a ceiling price, the agent could buy at any price.

Yes, a French notary can establish an authentic power of attorney meeting Moroccan requirements, provided it is apostilled by the Court of Appeal or the General Prosecutor's office. Morocco has recognised apostille since 2016 for foreign notarial deeds.

Since 1 January 2019, Moroccan consulates can no longer establish authentic adoul deeds. The power of attorney must be established with a Moroccan notary, a foreign notary (with apostille), or with adouls in Morocco if you travel there.

The validity period is freely set in the power of attorney. In practice, 6 to 12 months are usually provided for a property purchase, allowing time to find the property, negotiate and sign. The power of attorney can be revoked at any time by the principal.

The power of attorney must explicitly authorise: payment of the purchase price, notary fees, registration duties, and Land Registry fees. To avoid any abuse, limit authorised amounts and require payment receipts.

In France, notary fees for a property power of attorney range from €100 to €300 depending on complexity. In Morocco, notary fees are regulated by schedule. Add apostille costs (approximately €30 in France) if the deed is established in France.