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Apartment Sale Agreement for Nigeria

Apartment Sale Agreement Template for Nigeria

A comprehensive legal document governed by Nigerian law that facilitates the transfer of ownership of an apartment from seller to buyer. The agreement incorporates essential elements required under Nigerian property law, particularly the Land Use Act of 1978, and includes detailed provisions for purchase price, payment terms, property description, warranties, and completion requirements. It ensures compliance with state-specific property regulations and includes necessary provisions for title transfer, property registration, and other legal requirements specific to Nigerian real estate transactions.

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What is a Apartment Sale Agreement?

The Apartment Sale Agreement is a crucial legal instrument used in Nigerian real estate transactions for the transfer of apartment ownership. This document is essential when any individual or entity wishes to sell or purchase an apartment in Nigeria, ensuring compliance with the Land Use Act of 1978 and other relevant property laws. The agreement outlines all critical aspects of the transaction, including property details, purchase price, payment terms, warranties, and completion requirements. It's particularly important in urban areas where apartment sales are common, such as Lagos, Abuja, and Port Harcourt. The document must account for state-specific regulations and local property laws, while also incorporating necessary provisions for title transfer and registration with relevant authorities. The agreement protects both parties' interests by clearly defining their rights and obligations throughout the transaction process.

What sections should be included in a Apartment Sale Agreement?

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

2. Background: Context of the sale, including brief property description and intention to sell/purchase

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

4. Property Description: Detailed description of the apartment, including exact location, measurements, and boundaries

5. Purchase Price: Agreed purchase price and payment terms, including deposit and balance payment schedule

6. Title and Ownership: Seller's warranty of title and confirmation of legal right to sell

7. Conditions Precedent: Conditions that must be met before completion

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

9. Seller's Warranties: Warranties regarding the property's condition, title, and encumbrances

10. Buyer's Warranties: Warranties regarding capacity to purchase and source of funds

11. Risk and Insurance: Transfer of risk and insurance responsibilities

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

13. Notices: How formal notices should be given between parties

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

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

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

1. Mortgage Arrangements: Include when buyer is obtaining mortgage financing

2. Service Charge Provisions: Include for apartments with ongoing service charges or management fees

3. Parking Space: Include when parking space is part of the sale

4. Joint Ownership Provisions: Include when property is being purchased by multiple buyers

5. Power of Attorney: Include when either party is acting through an attorney

6. Developer's Warranties: Include for new builds or recently completed apartments

7. Furniture and Fittings: Include when sale includes furniture or specific fittings

What schedules should be included in a Apartment Sale Agreement?

1. Property Description Schedule: Detailed technical description of the property including floor plans and measurements

2. Inventory Schedule: List of included fixtures, fittings, and furniture (if applicable)

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

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

5. Property Documents: Building permits, certificates of occupancy, and other relevant documentation

6. Service Charge Schedule: Details of service charges and management fees (if applicable)

7. Condition Report: Current condition of the property and any known defects

Authors

Alex Denne

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

Jurisdiction

Nigeria

Publisher

Genie AI

Document Type

Sale Agreement

Cost

Free to use

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