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Can You Cancel a Contract Due to Seller Deception?

Mis à jour le 05/07/20260 vuesProvisoireDroit marocain national

Réponse rapide : Yes, you can cancel if deception was decisive to your decision under Moroccan law. Fraud only allows cancellation if you wouldn't have signed without it.

Yes, it is possible, but it depends on the role this deception played. Under Moroccan law, this is referred to as fraud (dol): the deliberate schemes or silences of one party intended to induce you to contract.

Fraud gives rise to a right of cancellation ("rescission") only where, without those schemes or that concealment, you would not have entered into the contract at all (art. 52). In other words, the deception must have been decisive in your decision.

Note also: fraud committed by a third party has the same effect, but only if the party who benefits from it was aware of it (art. 52).

On the other hand, if the deception related only to secondary details of the obligation and did not actually determine your commitment, you cannot cancel the contract: you are entitled only to damages (art. 53).

In practice, ask yourself: would you have signed had you known the truth? If the answer is clearly no, you fall within the scope of article 52. If you would have signed anyway, but on different terms, you fall rather within that of article 53.

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Ceci est une information juridique générale, et non un conseil juridique. Pour un conseil adapté à votre situation, consultez un avocat inscrit au barreau au Maroc.

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