\u00abNotary or adoul?\u00bb This is a question our clients often ask us, sometimes after a seller has suggested to them that they \u00abgo through the adoul \u2013 it\u2019s simpler\u00bb. The two professions coexist in Morocco, both authorised to draw up authentic deeds, but they do not operate in the same way and are not always suited to the same situations.<\/p>\n
Since the reform of July 2026, the issue has become even more important: whether you are selling or buying a property, signing a preliminary agreement or granting a power of attorney, a notarised deed has become the only valid form. Here is how the two professions operate, what sets them apart and how to choose between them when buying your riad.<\/p>\n
In short<\/strong> : Notaries (Law No. 32-09) and adouls (Law No. 16-03) both draw up authentic deeds. For a riad with a title deed purchased by a foreigner, the notary is, in practice, the most suitable option: funds are held securely at the Caisse de d\u00e9p\u00f4t et de gestion, there is a duty to provide advice, insurance is compulsory, and deeds may be drawn up in French. Adouls remain indispensable in certain situations, particularly where properties lack title deeds.<\/p>\n Act No. 41-25, published in the Official Gazette No. 7526 of 16 July 2026, amended Article 4 of the Code of Property Rights: deeds transferring ownership of immovable property and rights in rem, as well as related preliminary sale agreements and powers of attorney, must be drawn up by notarial deed, failing which it shall be null and void<\/strong>. The option to use a document with a certified date drawn up by a solicitor admitted to the Court of Cassation has been abolished.<\/p>\n In practical terms, to ensure the security of a property transaction, you must now go through one of the professionals authorised to draw up authentic deeds: a notary or an \u2018adoul\u2019. Our guide to the land title in Morocco<\/a> explains why this form is so crucial for registering your right.<\/p>\n Governed by Law No. 32-09 on the organisation of the notarial profession, the notary receives documents which the law requires to be authentic, or which the parties wish to have authenticated. The notary records the date of such documents, keeps the original records and issues copies.<\/p>\n Notarial deeds are drawn up in Arabic, unless the parties choose another language (Article 42). A deed in French is therefore possible, which is particularly useful for a French-speaking buyer. If one of the parties does not understand the language of the deed, the notary must make a note of this and seek the assistance of an interpreter.<\/p>\n Adouls practise within the framework of Law No. 16-03 relating to the Adoul Scheme. They take statements and declarations from the parties and record them in documents known as \u2018adoulaire\u2019 deeds, which are authentic instruments. They are involved in a wide range of areas: personal status (marriage, inheritance), as well as property transactions.<\/p>\n A large proportion of the historic properties in the medina are not registered and are based on adoula deeds, in particular the Moulkia<\/strong>, a document establishing ownership by witness statements. To understand this system, its risks and the registration process, read our article on the Melkia in Morocco<\/a>.<\/p>\n This is the simplest and safest option. We recommend a notary<\/strong>, preferably one with experience of dealing with overseas buyers: they will check the title deed, deposit the funds with the CDG, draw up a deed that you can understand, arrange for the property to be registered and handle the formalities relating to payments in foreign currencies. Banks that finance a purchase also routinely work with notaries.<\/p>\n Adouls are often called upon to draw up or complete title deeds. However, the key concern for a foreign buyer is security: we advise making the purchase conditional upon the property being registered, or at the very least having all the deeds audited by an independent professional before paying anything.<\/p>\n Yes, the buyer is free to choose their own solicitor, and it is often the buyer who has the most to protect. If the seller wishes to use their own solicitor, the two solicitors can work together. For information on costs, see our article on notary fees in Morocco<\/a>, and always ask for a written estimate.<\/p>\n Adouls draw up authentic deeds, but for a foreign buyer purchasing a property with a title deed, a notary is, in practice, the most suitable option: the language of the deed, the deposit of funds with the CDG and formalities relating to payments in foreign currency.<\/p>\n These are two types of authentic instrument. A notarial deed is drawn up by a notary, under their responsibility, in accordance with Law No. 32-09. An adoulaire deed is drawn up by adouls and then certified by the judge responsible for notarial matters, in accordance with Law No. 16-03.<\/p>\n No. Since the enactment of Act No. 41-25 on 16 July 2026, a preliminary property sale agreement must be drawn up by way of a notarised deed, which excludes a document with a certified date drawn up by a solicitor.<\/p>\n Yes. Act No. 32-09 stipulates that documents must be drawn up in Arabic, unless the parties choose another language.<\/p>\n In the notary\u2019s account held with the Caisse de d\u00e9p\u00f4t et de gestion: the law prohibits the notary from holding clients\u2019 funds and requires them to be deposited into that account as soon as they are received.<\/p>\nWhy this question is more relevant than ever<\/h2>\n
The notary: a public official operating within a highly regulated framework<\/h2>\n
His role<\/h3>\n
His obligations, which serve as guarantees for you<\/h3>\n
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The language of the deed<\/h3>\n
The adouls: an ancient institution, regulated by the courts<\/h2>\n
Their role<\/h3>\n
A multi-stage procedure<\/h3>\n
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The area where adouls remain indispensable<\/h3>\n
Notary or adoul: a comparison<\/h2>\n
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How should you go about choosing a riad to buy?<\/h2>\n
The riad is named<\/h3>\n
The riad is in Melkia<\/h3>\n
Can you choose your own solicitor?<\/h3>\n
Our safety habits<\/h2>\n
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Frequently Asked Questions<\/h2>\n
Can a foreigner buy a property in the presence of adouls?<\/h3>\n
What is the difference between a notarial deed and an adoulaire deed?<\/h3>\n
Is it still possible to sign a preliminary agreement at a solicitor\u2019s office?<\/h3>\n
Can the notarial deed be drawn up in French?<\/h3>\n
Where is the money paid when a sale takes place at the solicitor\u2019s office?<\/h3>\n
Not sure who to contact?<\/h2>\n