Builder Buyer Agreement for Nigeria

Builder Buyer Agreement Template for Nigeria

A comprehensive legal agreement governed by Nigerian law that establishes the terms and conditions between a builder/developer and a buyer for the construction and sale of a property. The document details construction specifications, payment terms, timelines, warranties, and obligations of both parties while ensuring compliance with Nigerian construction regulations, land use laws, and consumer protection requirements. It includes provisions for quality standards, defect liability, possession terms, and dispute resolution mechanisms specific to the Nigerian construction and real estate sector.

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What is a Builder Buyer Agreement?

The Builder Buyer Agreement is a crucial legal document used in Nigerian real estate transactions when a property is being constructed for sale. This agreement is essential for both residential and commercial construction projects, providing a legally binding framework that protects the interests of both the builder/developer and the buyer. The document must comply with Nigerian federal and state regulations, including the Land Use Act, National Building Code, and consumer protection laws. It typically includes detailed specifications about the property, construction quality standards, payment schedules, completion timelines, and possession terms. The Builder Buyer Agreement serves as the primary contract governing the relationship between the parties throughout the construction process and subsequent property transfer, incorporating necessary provisions for warranties, defect liability, and dispute resolution mechanisms specific to Nigerian jurisdiction.

What sections should be included in a Builder Buyer Agreement?

1. Parties: Identification and details of the Builder/Developer and the Buyer/Purchaser

2. Background: Context of the agreement, including project overview and purpose

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

4. Property Details: Specific details of the property being constructed/sold, including location and measurements

5. Consideration and Payment Terms: Purchase price, payment schedule, and payment methods

6. Construction Specifications: Building specifications, materials, and quality standards

7. Timeline and Possession: Construction timeline, completion date, and possession terms

8. Builder's Obligations: Responsibilities and commitments of the builder

9. Buyer's Obligations: Responsibilities and commitments of the buyer

10. Warranties and Representations: Warranties provided by the builder and representations by both parties

11. Defect Liability: Builder's liability for defects and the defect liability period

12. Title and Ownership: Provisions regarding property title and transfer of ownership

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

14. Force Majeure: Provisions for unforeseen circumstances affecting contract performance

15. Dispute Resolution: Procedures for resolving disputes between parties

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

17. Notices: Process and addresses for serving notices between parties

18. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments

What sections are optional to include in a Builder Buyer Agreement?

1. Mortgage Provisions: Include when buyer is obtaining mortgage financing

2. Amenities and Common Areas: Include for projects with shared facilities or common areas

3. Environmental Compliance: Include for projects requiring specific environmental clearances

4. Insurance: Include when specific insurance requirements need to be detailed

5. Maintenance Agreement: Include when post-completion maintenance services are provided

6. Assignment Rights: Include when transfer rights need specific restrictions or conditions

7. Project Approvals: Include when specific government approvals are pending

8. Stamp Duty Provisions: Include when specific stamp duty arrangements need to be detailed

What schedules should be included in a Builder Buyer Agreement?

1. Schedule A - Property Description: Detailed description of property including boundaries and measurements

2. Schedule B - Payment Schedule: Detailed breakdown of payment installments and milestones

3. Schedule C - Construction Specifications: Detailed technical specifications, materials, and finishes

4. Schedule D - Floor Plans: Architectural drawings and floor plans

5. Schedule E - Amenities List: List of included amenities and specifications

6. Schedule F - Completion Timeline: Detailed construction and delivery milestones

7. Schedule G - List of Approvals: List of obtained and pending governmental approvals

8. Appendix 1 - Land Documents: Copies of land title and ownership documents

9. Appendix 2 - Building Permits: Copies of construction permits and approvals

10. Appendix 3 - Quality Standards: Detailed quality specifications and acceptance criteria

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

Agreement Contract

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Construction

Property Development

Residential Housing

Commercial Property

Infrastructure Development

Urban Planning

Architecture

Building Materials

Construction Finance

Relevant Teams

Legal

Real Estate Development

Construction Management

Project Management

Sales

Compliance

Finance

Risk Management

Property Management

Contract Administration

Relevant Roles

Real Estate Developer

Construction Manager

Project Manager

Legal Counsel

Property Lawyer

Architect

Quantity Surveyor

Construction Site Manager

Sales Manager

Compliance Officer

Contract Administrator

Property Manager

Development Director

Finance Manager

Risk 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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