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Residential Real Estate Sale Agreement Template for Nigeria

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Key Requirements PROMPT example:

Residential Real Estate Sale Agreement

"I need a Residential Real Estate Sale Agreement for a property in Lagos, Nigeria, where the payment will be made in three installments, with the final payment due March 2025, and the property is currently occupied by tenants who have a lease until June 2025."

Document background
The Residential Real Estate Sale Agreement is a fundamental legal instrument used in Nigerian property transactions to formalize the transfer of residential property ownership. It is essential when any residential property is being sold in Nigeria, whether it's a house, apartment, or residential plot. The agreement must comply with the Land Use Act of 1978, which vests all land in the state governors, and requires obtaining Governor's Consent for property transfers. This document includes crucial elements such as property details, price, payment terms, warranties, and completion requirements. It's particularly important in Nigeria's unique land tenure system, which combines statutory and customary law. The agreement protects both parties' interests by clearly defining their rights and obligations, ensuring proper title transfer, and addressing specific local requirements such as land use approvals and registration procedures.
Suggested Sections

1. Parties: Identification of the seller and buyer with full legal names and addresses

2. Background: Context of the transaction including brief property description and intention to sell/buy

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Description: Detailed legal description of the property including boundaries and registration details

5. Purchase Price: Agreed purchase price and payment terms including deposit arrangements

6. Conditions Precedent: Conditions that must be met before completion, including Governor's Consent requirements

7. Seller's Representations and Warranties: Seller's declarations regarding property ownership, encumbrances, and condition

8. Buyer's Representations and Warranties: Buyer's declarations regarding capacity to purchase and source of funds

9. Completion: Process and requirements for completing the sale including documentation and timing

10. Title Transfer: Mechanism for transferring title and registration requirements

11. Risk and Insurance: Allocation of risk and insurance responsibilities before completion

12. Default and Remedies: Consequences of breach by either party and available remedies

13. Costs and Taxes: Allocation of transaction costs, stamp duty, and other taxes

14. Notices: Method and addresses for serving formal notices

15. Governing Law: Confirmation of Nigerian law as governing law and jurisdiction

16. Execution: Signature blocks and execution requirements

Optional Sections

1. Tenant Rights: Required if property is currently tenanted, addressing existing tenancy agreements

2. Spousal Consent: Required if property is matrimonial property requiring spouse's consent

3. Planning Permissions: Required if property involves ongoing development or recent construction

4. Environmental Matters: Required if property is in an environmentally sensitive area or has known environmental issues

5. Service Charge: Required for properties within estates or with shared facilities

6. Multiple Owners: Required if property has multiple sellers or involves shared ownership

7. Mortgage Details: Required if property is subject to existing mortgage or buyer requires mortgage financing

8. Cultural/Ancestral Rights: Required if property involves customary land rights or ancestral claims

Suggested Schedules

1. Property Schedule: Detailed property description, including land area, buildings, and boundaries

2. Title Documents: List of all title documents and registration details

3. Inventory: List of fixtures, fittings, and contents included in the sale

4. Payment Schedule: Detailed breakdown of payment terms and installments if applicable

5. Property Certificates: Copies of relevant certificates including building approval, occupancy permit

6. Land Use Clearance: Documentation showing compliance with zoning and land use regulations

7. Property Survey Plan: Official survey plan and property measurements

8. Encumbrances Schedule: Details of any existing encumbrances, easements, or restrictions

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions














































Clauses













































Relevant Industries

Real Estate

Property Development

Banking & Finance

Legal Services

Construction

Real Estate Investment

Property Management

Urban Development

Housing & Infrastructure

Mortgage Services

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Finance

Risk Management

Operations

Sales

Customer Service

Documentation

Relevant Roles

Real Estate Agent

Property Lawyer

Conveyancing Lawyer

Property Manager

Real Estate Development Manager

Legal Counsel

Compliance Officer

Property Valuer

Land Administrator

Title Officer

Real Estate Investment Manager

Mortgage Officer

Property Surveyor

Real Estate Transaction Coordinator

Housing Development Officer

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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