Judicial Actions in Fes: Notary Arrested Over Real Estate Fraud Allegations
In a significant legal development, the Public Prosecutor's Office in Fes has taken decisive action against a notary, leading to his arrest at the local Burkaiz prison. This decision comes in the wake of a complaint filed by a Moroccan worker residing in the Netherlands, which raised serious allegations regarding fraudulent activities linked to the sale of real estate. According to sources from the "Code" news outlet, the prosecutor has charged the notary with multiple counts of fraud and breach of trust. The case has been forwarded to the Criminal Court in Fes, where proceedings have been scheduled to continue on August 18, with all parties summoned to attend.
The complaint details that the notary, who is currently facing other legal challenges, executed a property sale contract that inaccurately stated the payment for the sale occurred outside the notary's presence. This assertion was contested by the complainant, who argued it contradicted the actual events. The buyer's company reportedly issued a bank check to the notary for the amount of 3,156,000 dirhams, which matched the sale price listed in the contract.
However, the notary allegedly denied receiving the sale proceeds from the seller, claiming that the contract's provisions did not reflect the true circumstances of the transaction. The complainant contended that this misrepresentation constituted forgery, as the notary documented false facts regarding the transaction. Furthermore, the complaint asserted that the notary failed to deposit the funds with the designated custodial account, a legal requirement for notaries, which the complainant highlighted as an act of breach of trust.
Moreover, the complaint indicated that the notary prepared two contradictory contracts: one for the seller indicating that the payment was made without the presence of the notary and that the seller had received the full sale amount, thereby releasing the buyer from any obligations. In contrast, the other contract, provided to the buying company, stated that the notary received the sale amount of 3,156,000 dirhams and that the bank check presented validated the payment.
The complainant firmly stated that he has not received any payment from the sale price of the property and considers himself a victim of the notary's alleged fraudulent acts, which prompted the prosecutor's decision to pursue legal action in this case.
As reported by goud.ma.
