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Pre Sale Contract for Nigeria

Pre Sale Contract Template for Nigeria

A comprehensive legal agreement governed by Nigerian law that establishes the terms and conditions for the pre-sale of property, whether developed or under development. This document outlines the rights and obligations of both seller and purchaser, including payment terms, property specifications, completion timelines, and transfer requirements. It incorporates compliance with Nigerian property laws, particularly the Land Use Act, and includes provisions for construction standards, quality assurance, and dispute resolution. The agreement serves as a legally binding commitment between parties before the final property transfer.

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What is a Pre Sale Contract?

The Pre Sale Contract is a crucial document in Nigerian property transactions, used when selling property before its completion or final transfer. It provides essential protection for both buyers and sellers in the Nigerian real estate market, where property pre-sales are common practice. The document incorporates requirements from the Land Use Act and other relevant Nigerian property laws, establishing clear terms for payment schedules, construction specifications, completion timelines, and property transfer procedures. This type of agreement is particularly important in development projects where properties are sold off-plan or during construction, helping to secure financing and establish clear expectations between parties. The Pre Sale Contract includes specific provisions for property identification, payment structures, construction standards, and completion requirements, while ensuring compliance with local regulations and protecting both parties' interests throughout the transaction process.

What sections should be included in a Pre Sale Contract?

1. Parties: Identification and details of the seller and purchaser, including registration numbers for companies

2. Background: Context of the transaction, including property development status and purpose of the agreement

3. Definitions: Key terms used throughout the agreement, including property description, completion date, and payment terms

4. Sale and Purchase Agreement: Core agreement to sell and purchase the property, including price and basic terms

5. Payment Terms: Detailed structure of payments, including deposit, installments, and final payment arrangements

6. Property Details: Comprehensive description of the property, including location, boundaries, and specifications

7. Completion Timeline: Expected completion dates, stages of construction, and delivery schedule

8. Seller's Obligations: Responsibilities of the seller, including construction quality, timeline adherence, and documentation

9. Purchaser's Obligations: Responsibilities of the purchaser, including payment compliance and documentation requirements

10. Title and Ownership: Provisions regarding property title, transfer process, and Land Use Act compliance

11. Default and Remedies: Consequences of breach by either party and available remedies

12. Termination: Circumstances and procedures for contract termination

13. Governing Law: Confirmation of Nigerian law application and jurisdiction

What sections are optional to include in a Pre Sale Contract?

1. Construction Specifications: Detailed construction requirements and standards, used when property is yet to be built

2. Mortgage Provisions: Terms related to mortgage financing, included when buyer requires mortgage funding

3. Foreign Investment Provisions: Special terms for foreign buyers, included when purchaser is non-Nigerian

4. Development Permits: Details of building permits and approvals, included for properties under construction

5. Maintenance Agreement: Terms for property maintenance post-completion, relevant for apartments or managed properties

6. Insurance Requirements: Specific insurance obligations during construction period

7. Force Majeure: Provisions for unforeseen circumstances affecting construction or completion

What schedules should be included in a Pre Sale Contract?

1. Property Schedule: Detailed technical description of the property, including plans and specifications

2. Payment Schedule: Detailed breakdown of payment installments and due dates

3. Construction Timeline: Detailed construction milestones and completion dates

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

5. Property Plans: Architectural plans, floor plans, and site layout

6. Finishing Specifications: Detailed list of materials and finishing standards

7. Required Permits: Copies of all relevant building and development permits

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 | Serial Founder & Legal AI Author

Jurisdiction

Nigeria

Publisher

Genie AI

Document Type

Sale Agreement

Cost

Free to use
Relevant legal definitions











































Clauses



































Relevant Industries

Real Estate

Construction

Property Development

Residential Property

Commercial Property

Industrial Property

Urban Development

Infrastructure

Hospitality

Retail

Relevant Teams

Legal

Real Estate

Sales

Construction

Finance

Compliance

Property Management

Project Development

Investment

Operations

Relevant Roles

Real Estate Developer

Property Manager

Legal Counsel

Contract Manager

Sales Director

Construction Manager

Project Manager

Financial Controller

Compliance Officer

Land Surveyor

Real Estate Agent

Investment Manager

Development Director

Sales Manager

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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