Option To Buy Agreement Template for Nigeria

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Key Requirements PROMPT example:

Option To Buy Agreement

"I need an Option to Buy Agreement for a commercial property in Lagos, Nigeria, giving my company exclusive rights to purchase within 6 months from January 2025, with a requirement for monthly progress updates on existing tenant relocations."

Document background
The Option to Buy Agreement is a crucial legal instrument in Nigerian property transactions, providing a structured framework for property acquisition negotiations. This document is particularly useful when parties need time to arrange financing, conduct due diligence, or obtain necessary approvals before completing a property purchase. It must comply with the Land Use Act and other relevant Nigerian property laws, requiring careful consideration of land rights, government consents, and registration requirements. The agreement typically includes detailed property descriptions, option period terms, purchase price, exercise conditions, and rights and obligations of both parties. It's commonly used in commercial real estate, development projects, and strategic property acquisitions where immediate purchase may not be feasible or desired.
Suggested Sections

1. Parties: Identification of the option grantor (seller) and grantee (potential buyer), including full legal names and addresses

2. Background: Context of the agreement, relationship between parties, and brief description of the property

3. Definitions: Key terms used throughout the agreement, including 'Option Period', 'Purchase Price', 'Property', and 'Exercise Notice'

4. Grant of Option: Explicit statement granting the option to buy, including the exclusivity of the option

5. Option Period: Duration of the option, including start and end dates

6. Option Price: Amount paid for the option itself (if applicable) and payment terms

7. Purchase Price: Agreed price for the property if the option is exercised

8. Exercise of Option: Process and requirements for exercising the option, including notice requirements

9. Property Details: Legal description and details of the property subject to the option

10. Title and Due Diligence: Seller's warranties regarding title and buyer's right to conduct due diligence

11. Conditions: Any conditions that must be met before the option can be exercised

12. Termination: Circumstances under which the option agreement may be terminated

13. Governing Law: Specification of Nigerian law as governing law and jurisdiction

14. Execution: Signature blocks and execution requirements

Optional Sections

1. Deposit Terms: Used when a deposit is required, specifying amount, payment terms, and whether refundable

2. Assignment Rights: Include when the option rights may be transferred to third parties

3. Development Rights: Used for undeveloped land where development rights during the option period need to be addressed

4. Environmental Conditions: Include for properties where environmental issues may be relevant

5. Multiple Properties: Used when the option covers multiple properties or parcels

6. Tenant Rights: Include when the property is currently leased to tenants

7. Planning Permissions: Used when exercise of the option is conditional on obtaining specific planning permissions

8. Mortgage Provisions: Include when the property has existing mortgages or financing

9. Right of First Refusal: Used when including additional rights beyond the option itself

Suggested Schedules

1. Schedule 1 - Property Description: Detailed legal description of the property, including boundaries, title details, and registered interests

2. Schedule 2 - Payment Terms: Detailed breakdown of all payments, including option price, purchase price, and payment schedule

3. Schedule 3 - Form of Exercise Notice: Template notice for exercising the option

4. Schedule 4 - Due Diligence Requirements: List of required documents and investigations for due diligence

5. Schedule 5 - Title Documents: List of title documents and encumbrances

6. Appendix A - Property Plans: Maps, surveys, and plans of the property

7. Appendix B - Photographs: Current photographs of the property and its boundaries

8. Appendix C - Required Consents: List of necessary governmental or third-party consents

Authors

Alex Denne

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

Relevant Industries

Real Estate

Commercial Property

Residential Property

Agriculture

Industrial Development

Retail

Hospitality

Mining

Oil and Gas

Infrastructure Development

Urban Development

Construction

Relevant Teams

Legal

Real Estate

Property Management

Business Development

Finance

Commercial Operations

Investment

Facilities

Risk Management

Compliance

Corporate Development

Relevant Roles

Real Estate Manager

Property Developer

Legal Counsel

Commercial Director

Land Acquisition Manager

Property Investment Manager

Business Development Manager

Chief Financial Officer

Real Estate Agent

Property Surveyor

Facilities Manager

Development Director

Investment Analyst

Property Portfolio Manager

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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