Advance Payment Agreement For Land for Nigeria

Advance Payment Agreement For Land Template for Nigeria

A legal agreement governed by Nigerian law that facilitates and secures advance payments in land transactions. The document establishes the terms and conditions for making advance payments towards the purchase of land, protecting both the buyer's and seller's interests. It incorporates provisions compliant with the Nigerian Land Use Act and relevant state property laws, setting out payment schedules, security arrangements, and conditions for the final transfer of the land. The agreement includes specific provisions for title verification, government consent requirements, and remedies in case of default.

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What is a Advance Payment Agreement For Land?

The Advance Payment Agreement For Land is a crucial document in Nigerian real estate transactions where buyers make partial payments before completing land purchases. This agreement becomes necessary when parties wish to secure their interests in a land transaction before full payment and final transfer. It is particularly relevant in the Nigerian context where land transactions require government consent and must comply with the Land Use Act 1978. The document typically includes details of the property, payment terms, security arrangements, and conditions for transfer, while ensuring compliance with state-specific property laws and anti-money laundering regulations. It serves as a protective mechanism for both parties, especially the buyer who is making advance payments, by clearly defining the terms of the transaction and establishing legal recourse in case of default.

What sections should be included in a Advance Payment Agreement For Land?

1. Parties: Identifies and provides full details of the seller and purchaser of the land

2. Background: Explains the context of the agreement and intention of parties to enter into a land transaction

3. Definitions: Defines key terms used throughout the agreement

4. Property Description: Detailed description of the land being sold including boundaries and title information

5. Purchase Price: States the total purchase price and payment structure

6. Advance Payment Terms: Specifies the amount of advance payment, payment method, and timing

7. Security Arrangements: Details the security measures to protect the advance payment

8. Conditions Precedent: Lists conditions that must be met before the agreement becomes effective

9. Seller's Warranties: Warranties regarding land ownership, title, and authority to sell

10. Completion Timeline: Timeline for completing the full transaction and transfer of title

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

12. Force Majeure: Provisions for unforeseen circumstances affecting performance

13. Governing Law: Specifies Nigerian law as governing law and relevant jurisdiction

14. Dispute Resolution: Procedures for resolving disputes between parties

What sections are optional to include in a Advance Payment Agreement For Land?

1. Anti-Money Laundering Compliance: Required when transaction value exceeds certain thresholds or involves corporate entities

2. Third Party Rights: Needed when there are existing tenants or other parties with interests in the land

3. Development Conditions: Included when the land is intended for specific development purposes

4. Environmental Warranties: Required for industrial properties or when environmental concerns exist

5. Assignment Rights: Included when parties want to specify if and how rights can be transferred

6. Tax Provisions: Detailed tax arrangements when complex tax implications exist

What schedules should be included in a Advance Payment Agreement For Land?

1. Property Details Schedule: Comprehensive description of the property including survey plans and coordinates

2. Payment Schedule: Detailed breakdown of payment installments and dates

3. Title Documents: Copies of relevant title documents and certificates

4. Due Diligence Checklist: List of required documents and verifications

5. Form of Transfer: Template for the final transfer document

6. Required Governmental Approvals: List of necessary government consents and approvals

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

Jurisdiction

Nigeria

Publisher

Genie AI

Document Type

Payment Agreement

Sector

Banking

Cost

Free to use
Relevant Industries

Real Estate

Construction

Property Development

Agriculture

Industrial Manufacturing

Hospitality

Retail

Commercial Property

Infrastructure Development

Mining

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Corporate Affairs

Land Administration

Investment

Risk Management

Operations

Business Development

Relevant Roles

Real Estate Manager

Property Development Manager

Legal Counsel

Compliance Officer

Land Administrator

Property Acquisition Manager

Corporate Lawyer

Real Estate Director

Investment Manager

Property Portfolio Manager

Chief Legal Officer

Land Surveyor

Real Estate Agent

Transaction 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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