Real Estate Purchase And Sale Agreement Template for Nigeria

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Key Requirements PROMPT example:

Real Estate Purchase And Sale Agreement

"I need a Real Estate Purchase and Sale Agreement for the acquisition of a commercial office building in Lagos, Nigeria, with specific provisions for existing tenants and a phased payment structure completing by March 2025."

Document background
The Real Estate Purchase and Sale Agreement is a fundamental document used in Nigerian property transactions to formalize the transfer of real estate between parties. It is essential when any type of real property is being sold, whether residential, commercial, or industrial. The agreement must comply with Nigerian federal laws, particularly the Land Use Act of 1978, which requires obtaining Governor's Consent for property transfers. The document typically includes detailed property descriptions, purchase terms, warranties, and conditions precedent, while addressing specific Nigerian requirements such as land registration procedures and stamp duty obligations. It serves as the primary record of the transaction terms and protects both parties' interests throughout the property transfer process.
Suggested Sections

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

2. Background: Context of the transaction and brief property overview

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

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

5. Purchase Price: Statement of the purchase price and payment terms including deposit arrangements

6. Conditions Precedent: Conditions that must be satisfied 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. Due Diligence: Buyer's right to investigate title, physical condition, and other property aspects

10. Title Transfer Process: Steps for transferring title and obtaining necessary government approvals

11. Completion: Closing procedures, timing, and requirements

12. Risk and Insurance: Allocation of risk and insurance requirements before and after completion

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

14. Notices: How formal communications between parties should be made

15. Governing Law: Specification of Nigerian law and jurisdiction

16. Execution: Signature blocks and attestation requirements

Optional Sections

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

2. Planning Permissions: Needed for properties requiring development or with pending planning applications

3. Environmental Matters: Required for properties with potential environmental issues or contamination

4. Service Contracts: Needed if there are ongoing service contracts that need to be transferred or terminated

5. Mineral Rights: Required when mineral rights are being retained or transferred separately

6. Agricultural Provisions: Needed for agricultural land with specific usage requirements or restrictions

7. Development Obligations: Required when the property comes with specific development commitments

8. Community Rights: Needed when there are community interests or rights affecting the property

Suggested Schedules

1. Property Details Schedule: Detailed property description, including plans and measurements

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

3. Fixtures and Fittings: Inventory of items included or excluded from the sale

4. Encumbrances Schedule: Details of any existing charges, mortgages, or encumbrances

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

6. Due Diligence Results: Summary of property investigations and findings

7. Required Consents: List of necessary governmental and regulatory approvals

8. Existing Tenancies: Details of any existing lease agreements affecting the property

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

Construction

Banking and Finance

Legal Services

Property Development

Agriculture

Hospitality

Retail

Industrial

Commercial Property

Residential Property

Urban Development

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Facilities Management

Corporate Affairs

Risk Management

Asset Management

Acquisitions

Investment

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Property Developer

Land Administrator

Compliance Officer

Legal Counsel

Corporate Lawyer

Transaction Manager

Property Acquisition Manager

Real Estate Investment Manager

Facilities Manager

Asset Manager

Chief Legal Officer

Real Estate 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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