The Real Estate Agreement Contract is a fundamental legal instrument used in Nigerian property transactions to formalize the sale and purchase of real estate. This document is essential when transferring property ownership in Nigeria, whether for residential, commercial, or industrial purposes. It must comply with the Land Use Act of 1978 and other relevant Nigerian property laws, including state-specific regulations. The agreement covers crucial aspects such as property description, purchase price, payment terms, warranties, and completion requirements, while accounting for both statutory and customary land rights. It's particularly important in Nigeria's complex land tenure system, where properties may be subject to multiple legal frameworks including federal, state, and customary laws.
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1. Parties: Identification and details of all parties involved in the transaction
2. Background: Context of the transaction and brief description of the property
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the property including boundaries, measurements, and registration details
5. Purchase Price: Statement of the agreed purchase price and payment terms
6. Payment Terms: Detailed breakdown of payment structure, installments, and payment methods
7. Completion: Details of the completion process, timing, and requirements
8. Seller's Representations and Warranties: Warranties regarding ownership, title, and property condition
9. Buyer's Representations and Warranties: Confirmations regarding ability to purchase and complete transaction
10. Title and Documentation: Requirements for title transfer and necessary documentation
11. Conditions Precedent: Conditions that must be satisfied before completion
12. Default and Remedies: Consequences of default and available remedies
13. Notices: Process for serving notices between parties
14. Governing Law: Confirmation of Nigerian law as governing law and jurisdiction
15. Execution: Signature blocks and execution requirements
1. Tenant Rights: Required if the property is sold subject to existing tenancies
2. Environmental Matters: Required for properties with environmental considerations or requirements
3. Planning Permissions: Required for properties requiring development or with pending planning applications
4. Service Charge Provisions: Required for properties within estates or with shared facilities
5. Assignment and Subletting: Required if there are restrictions on future transfers or leasing
6. Development Obligations: Required if the buyer must undertake specific development works
7. Multiple Ownership: Required if the property has multiple owners or shared ownership arrangements
8. Indigenous Rights: Required for properties in areas with recognized indigenous land rights
9. Mortgage Provisions: Required if the purchase involves mortgage financing
1. Property Schedule: Detailed property description, including plans and measurements
2. Title Documents: List of all title documents and land registration details
3. Payment Schedule: Detailed breakdown of payment installments and dates
4. Completion Requirements: Checklist of documents required for completion
5. Existing Tenancies: Details of any existing tenancy agreements
6. Property Condition Report: Current condition of the property and any defects
7. Environmental Reports: Any environmental surveys or assessments
8. Planning Permissions: Copies of relevant planning permissions and applications
9. Property Search Results: Results of official property searches and enquiries
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