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Residential Contract Of Sale for Nigeria

Residential Contract Of Sale Template for Nigeria

A comprehensive legal document governed by Nigerian law that facilitates the sale and purchase of residential property. This contract outlines the terms and conditions of the property transfer, including purchase price, payment terms, warranties, and completion requirements. It complies with the Nigerian Land Use Act and relevant state property laws, incorporating necessary provisions for property registration and transfer of title. The document includes detailed property descriptions, seller's warranties, buyer's obligations, and specific requirements for completion, making it suitable for both urban and rural property transactions in Nigeria.

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Residential Contract Of Sale

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What is a Residential Contract Of Sale?

The Residential Contract of Sale is a fundamental legal document used in Nigerian property transactions for the transfer of residential property ownership. It is essential for ensuring compliance with Nigerian federal and state property laws, particularly the Land Use Act 1978, which governs land ownership and administration. This document is used when a property owner (seller) wishes to transfer ownership to a buyer, whether the property is free-standing, part of a development, or an apartment. The contract includes crucial details about the property, parties involved, purchase price, payment terms, warranties, and completion requirements. It also addresses specific Nigerian legal requirements such as Governor's Consent for property transfer, land use considerations, and state-specific regulations. The document serves as both a legal record of the transaction and a binding agreement that protects the interests of all parties involved.

What sections should be included in a Residential Contract Of Sale?

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

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

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 information

5. Purchase Price: Statement of the agreed purchase price and payment terms

6. Payment Terms: Details of how and when payments will be made, including deposits and installments

7. Completion: Terms and conditions for completion of the sale, including timing and requirements

8. Title and Transfer: Warranties of title and procedures for transfer of ownership

9. Seller's Representations and Warranties: Warranties regarding property condition, ownership, and absence of encumbrances

10. Buyer's Representations and Warranties: Confirmations regarding buyer's capacity and ability to complete the purchase

11. Conditions Precedent: Conditions that must be satisfied before completion

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

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

14. Notices: Process for giving formal notices under the agreement

15. Governing Law: Confirmation of Nigerian law as governing law and jurisdiction

16. Execution: Signature blocks and execution requirements

What sections are optional to include in a Residential Contract Of Sale?

1. Mortgage Details: Required if the property is subject to an existing mortgage or if the purchase is being financed through a mortgage

2. Tenant Provisions: Required if the property is currently tenanted or if there are existing lease agreements

3. Planning Permissions: Required if there are ongoing or pending planning applications or restrictions

4. Service Charge Provisions: Required for properties in estates or developments with service charges

5. Construction Warranties: Required for newly built properties or recent constructions

6. Environmental Matters: Required if there are environmental concerns or certifications

7. Fixtures and Fittings: Optional section detailing included and excluded items in the sale

8. Land Use Consents: Required if specific land use consents or permits are needed

What schedules should be included in a Residential Contract Of Sale?

1. Property Schedule: Detailed description of the property including plans, boundaries, and registered title information

2. Fixtures, Fittings and Contents Schedule: Inventory of items included and excluded from the sale

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

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

5. Property Certificates: Relevant property certificates, permits, and compliance documents

6. Encumbrances Schedule: Details of any existing encumbrances, easements, or restrictions

7. Completion Requirements: Checklist of documents and actions required for completion

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Nigeria

Publisher

Ƶ

Document Type

Sale Agreement

Cost

Free to use
Relevant legal definitions



































Clauses






























Relevant Industries

Real Estate

Legal Services

Banking

Financial Services

Property Development

Construction

Property Management

Insurance

Mortgage Services

Public Sector

Relevant Teams

Legal

Real Estate

Property Management

Sales

Compliance

Risk Management

Operations

Administrative

Document Management

Client Relations

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Mortgage Advisor

Legal Counsel

Conveyancing Lawyer

Property Developer

Sales Manager

Compliance Officer

Land Administrator

Title Officer

Real Estate Broker

Property Consultant

Legal Administrator

Contract 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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