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Option Agreement Template for Nigeria

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Option Agreement

I need an option agreement for a potential real estate transaction, granting the right to purchase a specific property within a 12-month period at a predetermined price, with a non-refundable option fee and clear terms regarding the exercise of the option.

What is an Option Agreement?

An Option Agreement gives someone the right to buy or sell something specific - like property, shares, or assets - at a preset price within a certain timeframe. In Nigeria, these agreements help businesses and investors lock in opportunities while they complete due diligence or arrange financing.

Under Nigerian contract law, Option Agreements must include clear terms about the price, timeframe, and exact subject matter. They're particularly common in real estate development, oil and gas transactions, and corporate acquisitions where parties need time to evaluate deals before making final commitments. The agreement becomes legally binding once signed and stamped at the Nigerian Stamp Duties Office.

When should you use an Option Agreement?

Use an Option Agreement when you need to secure the right to buy or sell something valuable without committing to the full transaction immediately. This works perfectly for large-scale property developments in Nigeria, where you might need time to conduct environmental assessments or secure funding before purchasing land.

The agreement proves especially valuable in Nigeria's oil and gas sector, where companies need exclusive rights to explore potential sites before major investments. It's also crucial for business acquisitions when buyers need time for due diligence while keeping competitors away. Just ensure your agreement complies with the Nigerian Contract Act and includes clear exercise dates and prices.

What are the different types of Option Agreement?

Who should typically use an Option Agreement?

  • Property Developers: Use Option Agreements to secure rights to prime locations while conducting feasibility studies and arranging financing
  • Oil & Gas Companies: Secure exploration rights through options before committing large investments in Nigerian oil fields
  • Legal Practitioners: Draft and review agreements to ensure compliance with Nigerian contract law and protect client interests
  • Investment Banks: Structure option deals for corporate acquisitions and help arrange financing
  • Real Estate Investors: Lock in future purchase rights while evaluating property potential and market conditions
  • Government Agencies: Review and approve options involving regulated assets or land use rights

How do you write an Option Agreement?

  • Basic Details: Gather full legal names, addresses, and contact information for all parties involved
  • Asset Description: Document precise details of the property, shares, or assets covered by the option
  • Price Terms: Set the exact option price and final purchase price, including any deposit requirements
  • Timeframes: Define clear option exercise periods and completion deadlines
  • Due Diligence: Collect necessary property titles, corporate documents, or regulatory permits
  • Payment Terms: Specify payment methods, installment schedules, and any financing conditions
  • Legal Review: Our platform generates compliant agreements tailored to Nigerian law, reducing drafting errors

What should be included in an Option Agreement?

  • Party Details: Full legal names, addresses, and registration numbers of all involved parties
  • Option Terms: Clear specification of the option price, exercise period, and method of exercise
  • Asset Description: Detailed description of property or assets covered by the agreement
  • Consideration Clause: Statement of valid consideration under Nigerian Contract Law
  • Exercise Mechanism: Specific process for exercising the option rights
  • Payment Terms: Detailed payment structure, including deposits and final purchase price
  • Governing Law: Express statement that Nigerian law governs the agreement
  • Execution Block: Space for signatures, witnesses, and company seals as required

What's the difference between an Option Agreement and an Asset Purchase Agreement?

An Option Agreement differs significantly from a Asset Purchase Agreement in several key ways under Nigerian law. While both deal with property transactions, they serve distinct purposes and offer different levels of commitment.

  • Commitment Level: Option Agreements create a right but not an obligation to buy, while Asset Purchase Agreements establish an immediate binding commitment to complete the transaction
  • Timing: Option Agreements provide a specified window for future decision-making, whereas Asset Purchase Agreements typically execute the transfer immediately or on a fixed date
  • Payment Structure: Options usually require a smaller initial fee to secure the right, while Asset Purchase Agreements involve full payment arrangements
  • Risk Allocation: Option Agreements let buyers evaluate opportunities with minimal financial exposure, but Asset Purchase Agreements transfer full risk and responsibility immediately
  • Legal Effect: Options create conditional rights, while Asset Purchase Agreements transfer immediate legal title and obligations

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