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Sale Leaseback Agreement for Nigeria

Sale Leaseback Agreement Template for Nigeria

A comprehensive legal document governed by Nigerian law that facilitates a transaction where a property owner sells their property to a buyer and simultaneously enters into a lease agreement to continue occupying and using the same property. The agreement incorporates both the sale provisions, including purchase price and transfer requirements under Nigerian land law (particularly regarding Governor's consent and registration), and detailed lease terms governing the ongoing relationship between the new owner (landlord) and original owner (tenant). This arrangement often serves as a financing mechanism, allowing property owners to unlock capital while retaining operational use of their assets.

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Sale Leaseback Agreement

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What is a Sale Leaseback Agreement?

The Sale Leaseback Agreement is a strategic financial and real estate instrument commonly used in Nigerian business transactions when an entity wishes to release capital tied up in real estate while maintaining operational use of the property. This document type is particularly relevant in commercial financing scenarios, corporate restructuring, or when companies seek to improve their balance sheet position. The agreement must comply with Nigerian property law requirements, including Land Use Act provisions, Governor's consent requirements, and registration obligations. The document encompasses both the sale transaction and the leaseback arrangement, typically including detailed terms about property transfer, purchase price, lease duration, rental payments, maintenance responsibilities, and potential future purchase options. Sale Leaseback Agreements are especially valuable for businesses seeking to optimize their real estate holdings while maintaining operational continuity.

What sections should be included in a Sale Leaseback Agreement?

1. Parties: Identification of the Seller/Future Tenant and Buyer/Future Landlord with full legal names and addresses

2. Background: Context of the transaction, including property description and parties' intentions regarding sale and leaseback arrangement

3. Definitions: Key terms used throughout the agreement including Property, Completion Date, Lease Term, Rent, etc.

4. Sale Agreement: Terms of the property sale including purchase price, payment terms, and completion requirements

5. Property Transfer Provisions: Details of title transfer, Governor's consent requirements, and registration obligations

6. Lease Terms: Core lease provisions including term, rent amount, payment schedule, and permitted use

7. Maintenance and Repairs: Responsibilities for property maintenance, repairs, and improvements

8. Insurance and Risk: Insurance requirements and allocation of risk between parties

9. Representations and Warranties: Statements of fact and guarantees by both parties regarding property condition, title, and authority

10. Covenants: Ongoing obligations of both parties during the lease term

11. Default and Remedies: Consequences of breach and available remedies

12. Governing Law and Jurisdiction: Specification of Nigerian law and jurisdiction

13. Notices: Process for formal communications between parties

14. Boilerplate Provisions: Standard clauses including severability, entire agreement, and amendments

What sections are optional to include in a Sale Leaseback Agreement?

1. Purchase Option: Grants tenant right to repurchase property under specified conditions - include when agreed by parties

2. Environmental Matters: Specific provisions regarding environmental compliance and liability - include for industrial/commercial properties

3. Tax Matters: Detailed tax treatment and allocations - include for complex commercial transactions

4. Assignment and Subletting: Rights to transfer lease interests - include for commercial properties

5. Force Majeure: Provisions for unforeseen circumstances - include based on property type and risk assessment

6. Property Management: Specific management arrangements - include for commercial/multi-tenant properties

7. Security Deposit: Terms for security deposit - include if required by landlord

8. Alterations and Improvements: Rights and procedures for property modifications - include for commercial leases

What schedules should be included in a Sale Leaseback Agreement?

1. Property Description: Detailed legal description of the property including boundaries and registration details

2. Purchase Price Breakdown: Itemization of purchase price components and payment schedule

3. Lease Terms Schedule: Detailed lease provisions including rent calculations and payment dates

4. Condition Report: Documentation of property condition at time of sale

5. Required Consents: List of necessary regulatory and governmental approvals

6. Service Charges: Breakdown of service charges and maintenance costs

7. Permitted Alterations: Specifications for allowed property modifications

8. Form of Transfer Deed: Template for property transfer documentation

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 | Serial Founder & Legal AI Author

Jurisdiction

Nigeria

Document Type

Sale Agreement

Cost

Free to use
Relevant legal definitions













































Clauses



































Relevant Industries

Real Estate

Banking and Finance

Manufacturing

Retail

Healthcare

Hospitality

Industrial

Education

Corporate Services

Energy and Natural Resources

Telecommunications

Logistics and Transportation

Relevant Teams

Legal

Finance

Real Estate

Operations

Facilities Management

Risk Management

Treasury

Corporate Development

Property Management

Asset Management

Relevant Roles

Chief Financial Officer

Real Estate Director

Property Manager

Legal Counsel

Corporate Lawyer

Finance Director

Asset Manager

Facilities Manager

Treasury Manager

Risk Manager

Commercial Director

Operations Director

Company Secretary

Investment Manager

Real Estate Investment Officer

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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