Real Estate Earnest Money Agreement Template for Nigeria

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Key Requirements PROMPT example:

Real Estate Earnest Money Agreement

"I need a Real Estate Earnest Money Agreement for a commercial property purchase in Lagos, Nigeria, with a 10% earnest money deposit of ���50 million, including special provisions for existing tenant rights and an extended due diligence period until March 2025."

Document background
The Real Estate Earnest Money Agreement is a crucial document in Nigerian property transactions that demonstrates a buyer's serious intent to purchase real estate by providing a security deposit. This agreement is typically used at the initial stages of property transactions, after preliminary negotiations but before the final sale agreement. It includes specific provisions required under Nigerian law, including compliance with the Land Use Act and local property regulations. The document outlines the amount of earnest money to be deposited, conditions for its refund or forfeiture, property details, purchase price, timeline for completion, and due diligence requirements. It serves as a preliminary contract that protects both parties' interests while the full purchase transaction proceeds, and is particularly important in the Nigerian real estate market where property transactions can be complex and time-consuming.
Suggested Sections

1. Parties: Identification and details of the buyer, seller, and any agents involved in the transaction

2. Background: Context of the transaction and brief description of the property being sold

3. Definitions: Key terms used throughout the agreement

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

5. Purchase Price: Total purchase price and payment structure

6. Earnest Money Deposit: Amount, payment terms, and handling of the earnest money deposit

7. Due Diligence Period: Timeframe and terms for buyer's investigation of the property

8. Closing Terms: Closing date, location, and requirements

9. Title and Transfer: Requirements for clear title and transfer process

10. Representations and Warranties: Statements of fact by both parties regarding the property and their capacity to enter the agreement

11. Default and Remedies: Consequences of default by either party and available remedies

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

13. Execution: Signature blocks and execution requirements

Optional Sections

1. Financing Contingency: Terms related to buyer's ability to secure financing, used when purchase depends on mortgage approval

2. Property Inspection Contingency: Detailed terms for property inspection rights and remedies, used when specific inspection requirements exist

3. Sale of Buyer's Property Contingency: Conditions related to buyer needing to sell their current property, included when buyer's purchase is dependent on selling their existing property

4. Tenant Rights: Provisions regarding existing tenants, included when property is currently leased

5. Planning Permission: Conditions related to obtaining necessary planning permissions, used when purchase depends on specific development rights

6. Environmental Matters: Provisions regarding environmental investigations and liabilities, used for properties with potential environmental concerns

7. Agent Commission: Terms regarding real estate agent commissions, included when agents are involved in the transaction

Suggested Schedules

1. Schedule A - Property Details: Comprehensive property description, including fixtures and fittings

2. Schedule B - Title Documents: List of all relevant title documents and certificates

3. Schedule C - Payment Schedule: Detailed breakdown of payment terms and installments

4. Schedule D - Due Diligence Requirements: Checklist of required documentation and investigations

5. Appendix 1 - Property Plans: Survey plans, building plans, and property maps

6. Appendix 2 - Photographs: Current photographs of the property and its condition

7. Appendix 3 - Required Governmental Forms: Standard government forms required for property transfer in Nigeria

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 legal definitions
Clauses
Relevant Industries

Real Estate

Legal Services

Banking & Finance

Construction

Property Development

Property Management

Professional Services

Urban Development

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Contract Administration

Business Development

Risk Management

Investment

Operations

Relevant Roles

Real Estate Agent

Property Lawyer

Legal Counsel

Property Manager

Real Estate Broker

Escrow Officer

Property Developer

Real Estate Transaction Coordinator

Compliance Officer

Property Valuer

Real Estate Investment Manager

Title Officer

Contract Administrator

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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