The Real Estate Investment Agreement is a crucial document used in Nigerian property transactions where one or more parties invest in real estate assets. It is designed to comply with Nigerian law, particularly the Land Use Act 1978 and investment regulations, making it suitable for both domestic and foreign investments in Nigerian real estate. The agreement covers essential aspects such as investment terms, property rights, development obligations, management responsibilities, and exit provisions. It's particularly important in structuring complex real estate investments, joint ventures, or development projects, and can be adapted for various types of properties including commercial, residential, or industrial developments. The document provides legal protection for all parties while ensuring transparency in the investment structure and compliance with local regulatory requirements.
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1. Parties: Identification of all parties to the agreement, including full legal names, addresses, and registration details for corporate entities
2. Background: Context of the investment arrangement, including property overview and investment objectives
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation
4. Investment Structure: Details of the investment arrangement, including investment amount, ownership structure, and return mechanisms
5. Property Details: Comprehensive description of the property, including legal title information and compliance with Land Use Act requirements
6. Investment Terms: Key commercial terms including investment period, expected returns, and profit-sharing arrangements
7. Payment Terms: Schedule of payments, payment methods, and currency considerations
8. Representations and Warranties: Statements of fact and assurances from all parties regarding their capacity, authority, and the property's status
9. Covenants: Ongoing obligations of all parties throughout the investment period
10. Management and Control: Decision-making processes and management responsibilities for the property
11. Risk Allocation: Distribution of risks between parties and insurance requirements
12. Exit Provisions: Terms for terminating the investment, including exit mechanisms and value determination
13. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and applicable law
14. General Provisions: Standard contractual provisions including notices, amendments, and severability
1. Development Obligations: Required when the investment includes property development activities, detailing construction and development requirements
2. Environmental Compliance: Necessary when the property requires environmental assessments or has specific environmental considerations
3. Foreign Investment Provisions: Required when any party is a foreign investor, ensuring compliance with NIPC regulations
4. Property Management: Include when the agreement covers ongoing property management services
5. Financing Arrangements: Required when the investment involves mortgage or external financing
6. Tax Structure: Detailed tax arrangements when complex tax planning is involved
7. Force Majeure: Specific provisions for unforeseen circumstances affecting the property or investment
8. Anti-Money Laundering Provisions: Required for high-value transactions or when dealing with foreign investments
1. Property Description Schedule: Detailed legal description of the property, including boundaries, title documents, and land use permissions
2. Investment Schedule: Detailed breakdown of investment amounts, payment schedules, and return calculations
3. Due Diligence Reports: Summary of property investigations, title searches, and regulatory compliance checks
4. Management Procedures: Detailed procedures for property management and decision-making processes
5. Financial Projections: Expected returns, cash flow projections, and financial models
6. Required Approvals: List of necessary governmental and regulatory approvals
7. Insurance Requirements: Detailed insurance specifications and coverage requirements
8. Form of Notices: Template forms for various notices required under the agreement
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Development
Construction
Financial Services
Investment Management
Urban Development
Commercial Property
Residential Property
Industrial Property
Hospitality
Retail Property
Agricultural Land Development
Relevant Teams
Legal
Real Estate
Investment
Finance
Compliance
Risk Management
Property Management
Asset Management
Project Development
Corporate Affairs
Operations
Business Development
Relevant Roles
Real Estate Investment Manager
Property Development Director
Legal Counsel
Investment Analyst
Chief Investment Officer
Property Manager
Asset Manager
Development Manager
Finance Director
Compliance Officer
Risk Manager
Portfolio Manager
Managing Director
Chief Executive Officer
Land Administration Officer
Project Manager
Investment Relations Manager
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