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Residential Contract For Sale And Purchase Template for Nigeria

A comprehensive legal document governed by Nigerian law that facilitates the transfer of residential property ownership from a vendor to a purchaser. This agreement sets out the terms and conditions of the sale, including property details, purchase price, payment terms, and completion requirements. It ensures compliance with Nigerian property laws, particularly the Land Use Act 1978, and includes provisions for obtaining necessary governmental consents. The document addresses title verification, property registration, and various warranties and covenants to protect both parties' interests throughout the transaction process.

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What is a Residential Contract For Sale And Purchase?

The Residential Contract For Sale And Purchase is a fundamental legal instrument in Nigerian property transactions, designed to facilitate the transfer of residential property ownership while ensuring compliance with Nigerian law, particularly the Land Use Act 1978. This document is essential when conducting any residential property sale in Nigeria, whether for standalone houses, apartments, or other residential units. It incorporates crucial elements such as property description, purchase price, payment terms, warranties, and the process for obtaining governor's consent where required. The agreement protects both parties' interests by clearly defining their rights and obligations, setting out the completion process, and addressing potential risks. It's structured to accommodate various property types and transaction complexities while maintaining consistency with Nigerian property law requirements and local conveyancing practices.

What sections should be included in a Residential Contract For Sale And Purchase?

1. Parties: Identification of the Vendor and Purchaser with full legal names and addresses

2. Background: Brief context of the transaction including the Vendor's right to sell the property

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

4. Property Description: Detailed description of the property including its location, boundaries, and registered title number

5. Purchase Price: The agreed purchase price and payment terms including deposit arrangements

6. Conditions Precedent: Any conditions that must be satisfied before completion, including title verification and governor's consent

7. Completion: Details of the completion process, timing, and requirements

8. Vendor's Covenants: Vendor's warranties and obligations regarding the property's title, condition, and transfer

9. Purchaser's Covenants: Purchaser's obligations including payment terms and compliance with completion requirements

10. Title and Registration: Provisions relating to the transfer of title and registration requirements under Nigerian law

11. Risk and Insurance: Allocation of risk and responsibility for insurance before and after completion

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

13. Notices: How formal notices under the agreement should be given and when they are deemed received

14. Governing Law: Confirmation that Nigerian law governs the agreement

15. Dispute Resolution: Process for resolving any disputes that arise from the agreement

What sections are optional to include in a Residential Contract For Sale And Purchase?

1. Existing Tenancies: Required when the property is sold subject to existing tenancies, detailing tenant rights and obligations

2. Planning Permissions: Required when the property involves ongoing or pending development permissions

3. Environmental Matters: Required when there are specific environmental considerations or requirements

4. Service Charge: Required for properties within managed developments or estates

5. Third Party Rights: Required when there are existing rights of way or other third-party interests

6. Mortgage Details: Required when the property is being sold subject to an existing mortgage

7. Joint Ownership Provisions: Required when the property is being purchased by multiple buyers

8. Construction Warranties: Required for new build properties or recent constructions

What schedules should be included in a Residential Contract For Sale And Purchase?

1. Property Schedule: Detailed property description, including land registry details and plan

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

3. Title Documents: List of all relevant title documents and certified copies

4. Property Information Form: Vendor's responses to standard property enquiries

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

6. Planning Documents: Copies of relevant planning permissions and building approvals

7. Search Results: Results of various property searches and enquiries

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

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Nigeria

Cost

Free to use

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