- property report by a judicial officer
- The report creates a physical record of the propertyâs condition before repairs, without replacing the analysis of a technical expert.
- building expert in Morocco
- An architect or engineer may investigate the cause, age and repair cost of the damage.
- adversarial private expert assessment
- The parties implicated are summoned so they can observe the investigations and provide their explanations.
- formal notice for hidden defect
- The letter must describe the defect, identify the relevant sale and clearly state the remedy sought.
- hidden property defect documents
- The deed of sale, plans, handover documents, correspondence, invoices and co-ownership documents must be retained.
As soon as the problem is discovered, avoid irreversible repairs except in a safety emergency. Take dated photographs, film the affected areas and retain removed materials whenever possible. A judicial officer may draw up a report describing visible cracks, water infiltration, odours, detachment or subsidence. This report does not determine the technical cause of the defect, but records the condition of the premises before weather conditions, works or intervention by the seller alter the evidence.
Next, engage an architect, engineer or building expert with appropriate expertise in the damage encountered. The private expert report should identify the findings, technical hypotheses, investigations conducted, probable age of the damage and cost of repairs. To strengthen its evidential value, invite the seller, developer and relevant contractors to attend the expert investigations. An adversarial private expert assessment does not always replace a court-ordered expert assessment, but it allows a serious claim to be formulated and clearly disproportionate proceedings to be avoided.
The contractual file must be reconstructed without delay. It includes the preliminary agreement, the authenticated or adoul deed, the handover report, plans, specifications, invoices, advertisements and correspondence predating the sale. Add a recent certificate of ownership issued by the ANCFCC, the co-ownership regulations and the ownersâ association minutes. An earlier complaint from a neighbour, a waterproofing invoice or a message in which the seller acknowledges repeated repairs may establish that the seller already knew of the defect.
Finally, send a detailed formal notice through a judicial officer or by registered letter with acknowledgment of receipt. Describe the damage, the date on which it was identified, the legal provisions relied upon and the remedy sought: adversarial inspection, works, reduction of the price or rescission. Allow a short and reasonable period, often eight to fifteen days depending on the urgency. If an agreement is reached, ensure that it specifies the works, schedule, guarantees, payment of rehousing costs and consequences of inadequate repairs; a vague promise from the seller rarely protects the buyer.