The Contract For Buying A House From Owner is a fundamental legal document used in Nigerian property transactions for direct purchases between property owners and buyers. This agreement is essential when conducting private property sales without intermediary agencies, ensuring all legal requirements under Nigerian law are met. It becomes necessary when a property owner wishes to sell their residential property directly to a buyer, requiring careful attention to local land registration requirements, Governor's consent provisions, and proper documentation of the transfer of ownership rights. The document must comply with the Land Use Act of 1978 and various state-specific regulations, making it particularly important to include all required elements for legal validity in Nigeria's property market.
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1. Parties: Identification of the seller and buyer with full legal names, addresses, and contact details
2. Background: Context of the sale and brief description of the property being sold
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Details: Comprehensive description of the property including address, boundaries, and land registration details
5. Purchase Price: Agreed purchase price and payment terms including deposit and completion payment details
6. Seller's Representations and Warranties: Seller's confirmations regarding property ownership, absence of encumbrances, and authority to sell
7. Title and Registration: Details of the property title and requirements for registration transfer
8. Governor's Consent: Provisions regarding obtaining necessary government consent for the transfer
9. Completion: Process and requirements for completing the sale, including timing and documentation
10. Risk and Insurance: Responsibility for the property between exchange and completion
11. Default and Remedies: Consequences of either party failing to meet their obligations
12. Notices: How formal communications between parties should be made
13. Governing Law: Confirmation that Nigerian law governs the agreement
14. Signature Page: Execution blocks for all parties and witnesses
1. Tenant Provisions: Required if the property is currently tenanted, addressing existing tenancy agreements
2. Mortgage Details: Required if the buyer is purchasing with mortgage financing
3. Property Contents: Required if the sale includes specific fixtures, fittings, or furniture
4. Planning Permissions: Required if there are ongoing or pending planning applications or restrictions
5. Environmental Matters: Required if there are environmental concerns or certifications needed
6. Development Rights: Required if there are specific development rights or restrictions to be transferred
7. Service Charges: Required for properties with shared facilities or service charges
8. Traditional Rights: Required if there are traditional land rights or community interests to be addressed
1. Schedule 1 - Property Description: Detailed legal description of the property including boundaries and plans
2. Schedule 2 - Title Documents: List of all title documents and land certificates
3. Schedule 3 - Included Contents: Inventory of any fixtures, fittings, and contents included in the sale
4. Schedule 4 - Property Certificates: Copies of relevant property certificates and permits
5. Schedule 5 - Property Plans: Survey plans and property drawings
6. Appendix A - Form for Governor's Consent: Standard form for applying for Governor's consent to the transaction
7. Appendix B - Transfer Documents: Draft transfer documents required for registration
8. Appendix C - Payment Schedule: Detailed breakdown of payment terms and installments if applicable
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