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Seller Affidavit for Nigeria

Seller Affidavit Template for Nigeria

A Seller Affidavit is a formal sworn statement used in Nigerian jurisdiction where a seller declares under oath their ownership rights, authority to sell, and provides critical information about the subject of sale. This document, governed by Nigerian law including the Evidence Act 2011 and the Oaths Act, serves as a legally binding declaration that can be used in court proceedings and commercial transactions. It provides crucial protection for buyers by documenting the seller's assertions about ownership, encumbrances, and other material facts related to the transaction, while also serving as an important due diligence document in Nigerian commercial practice.

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What is a Seller Affidavit?

A Seller Affidavit is a crucial legal document used in Nigerian commercial and property transactions to provide verified declarations about ownership and sale authority. This sworn statement, executed before a Commissioner for Oaths or Notary Public, is commonly required in various transactions ranging from real estate sales to business asset transfers. The document is particularly important in the Nigerian legal context where title verification can be complex and multiple ownership claims may exist. A Seller Affidavit typically includes detailed information about the seller's identity, the property or item being sold, declarations about clear title, and absence of encumbrances. It serves as both a risk mitigation tool for buyers and a legal record that can be used in future proceedings or disputes. The document must comply with Nigerian evidence law requirements and local affidavit protocols to be considered valid.

What sections should be included in a Seller Affidavit?

1. Title and Introduction: Identifies the document as an affidavit and introduces the deponent (seller), including full legal name, occupation, and address

2. Capacity Declaration: Statement confirming the deponent's legal capacity to make the affidavit and sell the subject property/item

3. Property/Item Description: Detailed description of the property or item being sold, including identifying features, registration numbers, or legal descriptions as applicable

4. Ownership Declaration: Clear statement of the deponent's ownership rights and authority to sell

5. Title Status: Declaration regarding the clear title and absence of encumbrances, liens, or other claims

6. Transaction Details: Information about the proposed sale, including buyer details and agreed purchase price

7. Truth Declaration: Standard declaration that all statements made in the affidavit are true and correct

8. Attestation: Formal closing, signature block, and notarization/commissioner for oaths section

What sections are optional to include in a Seller Affidavit?

1. Marital Status Declaration: Required for real estate transactions where spouse's consent might be necessary under Nigerian law

2. Prior Transactions: Details of any previous sales attempts or relevant transactions involving the property/item

3. Condition Disclosure: Statement about the condition of the property/item, particularly relevant for valuable items or real estate

4. Power of Attorney: If the seller is acting as an attorney for the actual owner, details of the power of attorney must be included

5. Corporate Authority: Required when the seller is a corporation, including details of the corporate resolution authorizing the sale

6. Native Law and Custom: Required when the property is subject to traditional land tenure systems in Nigeria

What schedules should be included in a Seller Affidavit?

1. Property Documents: Copies of relevant property documents, titles, or registration certificates

2. Identification Documents: Copies of the seller's identification documents

3. Supporting Evidence: Any additional documents supporting claims made in the affidavit

4. Photographs: Visual documentation of the property/item, if relevant

5. Previous Agreements: Copies of any relevant previous agreements or transactions referenced in the affidavit

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

Affidavit

Cost

Free to use
Relevant legal definitions






























Clauses




















Relevant Industries

Real Estate

Automotive

Manufacturing

Retail

Agriculture

Mining

Oil and Gas

Financial Services

Maritime

Aviation

Construction

Technology

General Commerce

Relevant Teams

Legal

Compliance

Real Estate

Sales

Business Development

Risk Management

Operations

Corporate Services

Administrative Services

Property Management

Relevant Roles

Legal Counsel

Property Manager

Real Estate Agent

Compliance Officer

Company Secretary

Sales Manager

Business Development Manager

Asset Manager

Contract Administrator

Transaction Manager

Risk Manager

Commercial Director

Operations Manager

Corporate Services Manager

Property Developer

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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