What to do facing an abusive clause in a contract?

An abusive clause is unenforceable against the consumer. Law 31-08 provides an indicative list of clauses presumed abusive. The action may be individual (before the Court of First Instance) or collective via a recognized consumer association. The firm identifies contestable clauses and initiates the appropriate procedure.

My seller refuses to apply the warranty: what to do?

The legal conformity warranty cannot be excluded by contract. Formal notice to the seller (with purchase proof and defect observation), then if persistent refusal, action before the competent court. Depending on the defect, you may request repair, replacement, or refund with damages.

Consumer law — Law 31-08

Consumer lawyer in Marrakech

Hidden defect, non-conformity, abusive clause, refund refusal or deceptive solicitation: the firm defends consumers in Marrakech against abusive practices and also supports professionals in their compliance.

Strengthened consumer protection

Law 31-08 establishing consumer protection measures has deeply renewed relations between professionals and individuals in Morocco: pre-contractual information, warranties, regulation of abusive clauses, withdrawal right, regulation of solicitation and aggressive commercial practices.

For the consumer, these rights must often be actively claimed. For the professional, compliance reduces litigation risk and protects reputation. The firm intervenes on both sides depending on the situation.

Areas of intervention

Warranties and conformity defects

Legal conformity warranty, commercial warranty, hidden defects. Warranty action against seller or manufacturer, refund, replacement or repair.

Abusive clauses

Identification of clauses creating significant imbalance to consumer's detriment. Request for unenforceability or clause nullity.

Withdrawal right

7 days for distance and off-premises purchases (Law 31-08). Limited exceptions: fully performed services, customized goods, downloaded digital content.

Consumer credit

Pre-contractual information, APR, withdrawal right, default, lender warning. Contestation of fees and contract clauses.

Unfair commercial practices

Deceptive advertising, forced sale, aggressive solicitation, false promotions. Complaint to authorities and reparation action.

Online and e-commerce disputes

Platform purchases, delivery delays, non-conforming products, refund refusal. Mediation, formal notice, action before competent court.

Dispute with a professional in Marrakech?

Bring your contract, payment proofs and written exchanges with the seller. Quick analysis identifies your rights and useful course of action.

Demander un rendez-vous +212 7 06 88 80 81

Questions fréquentes

Law 31-08 on consumer protection provides a 7-day withdrawal period for distance sales and door-to-door solicitation, from product receipt (or contract conclusion for services). During this period, the consumer may renounce the purchase without justification or penalty, except cases excluded by law.

Other areas covered by the firm

Avocat à Marrakech Avocat pénaliste Avocat immobilier Avocat divorce et famille Avocat droit des affaires Avocat droit du travail