The Home Contract is a fundamental legal instrument in Nigerian real estate transactions, designed to facilitate the sale or transfer of residential property while ensuring compliance with Nigerian law, particularly the Land Use Act of 1978. This document is essential when transferring ownership of residential property in Nigeria, whether it's a house, apartment, or other residential real estate. It includes comprehensive details about the property, parties involved, payment terms, and transfer conditions, while incorporating necessary provisions for local government approval and land registry requirements. The contract serves as a crucial tool for protecting both buyers' and sellers' interests, ensuring proper documentation of the transaction, and maintaining compliance with Nigerian property law requirements. It's particularly important given Nigeria's unique land tenure system where state governors hold land in trust for the people.
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1. Parties: Identification and details of all parties involved in the contract
2. Background: Context of the transaction and brief description of the property
3. Definitions: Definitions of key terms used throughout the contract
4. Property Description: Detailed description of the property including address, boundaries, and registration details
5. Sale Price and Payment Terms: Purchase price, payment schedule, and method of payment
6. Title and Ownership: Confirmation of seller's right to sell and details of title transfer
7. Representations and Warranties: Seller's warranties regarding property condition, encumbrances, and legal status
8. Completion and Transfer: Process and timeline for completing the transaction and transferring ownership
9. Costs and Taxes: Allocation of transaction costs, stamp duties, and taxes
10. Default and Remedies: Consequences of breach and available remedies
11. Governing Law: Confirmation of Nigerian law application and jurisdiction
12. Execution: Signature blocks and attestation requirements
1. Mortgage Provisions: Include when property purchase involves mortgage financing
2. Special Conditions: Add when there are unique requirements or circumstances affecting the property
3. Building Inspection: Include when property inspection is a condition of sale
4. Planning Permissions: Required when property involves development rights or pending approvals
5. Environmental Compliance: Include for properties in environmentally sensitive areas or with specific environmental concerns
6. Tenant Rights: Include when property is sold with existing tenants
7. Service Charges: Add for properties within estates or with shared facilities
8. Development Obligations: Include when property comes with development requirements or restrictions
1. Property Details Schedule: Detailed description of property including plans, measurements, and boundaries
2. Inventory Schedule: List of fixtures, fittings, and contents included in the sale
3. Payment Schedule: Detailed breakdown of payment terms and installments
4. Title Documents: Copies of relevant title documents and land certificates
5. Property Search Results: Results of official searches and encumbrance checks
6. Planning Permissions: Copies of relevant planning permissions and approvals
7. Survey Plan: Official survey plan and property measurements
8. Photographs: Documentary photographs of property condition at time of sale
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