28/09/2025
CONTENTS OF A CONTRACT TO BUY LAND IN NIGERIA
1. Particulars Of The Parties Involved- the parties to a contract to buy land in Nigeria must be persons at law, natural persons as individuals and entities with corporate personality. The parties to the contract to buy land must be fully described in detail such as the name, address and status of the vendor and buyer. The description of the parties as to status is dependent on the nature of the transaction.
2. Description Of Land To Be Sold- a full description of the land must be contained in the contract to buy land. The description should be such that it is in relation with the description contained in the survey plan (where there is a survey plan).
3. Capacity Of The Vendor- it is important to inquire into the nature f the vendors' title to the land being sold. The vendor has to prove that he has a good root of title either from
a Deed of Assignment duly perfected or by a deed of gift, a Court vesting order or by an Assent. Usually, the capacity of vendor is as a beneficial owner of the land is an assurance to the buyer that the vendor has the right to convey the land, and will grant to the buyer the right to quiet enjoyment of the land and assurance that the land is free from any encumbrances.
4. The Purchase Price Of The Land- a contract to buy land will enable the buyer and the vendor to agree on whether an initial deposit of the purchase price of the land will be made, the manner in which it will be paid and the date it will be made. A deposit clause should be inserted in the contract to buy land to serve as a security by the purchaser to the vendor as evidence of his intention to complete the purchase of the land. The deposit is different form part payment in that deposit is made before the conclusion of the contract to show commitment on part of the purchaser that the sale is not gratuitous while part payment is part of the purchase price to be made by the purchaser after the conclusion of the contract.
5. Closing Date- the contract to buy land must contain the date when the contract will be finalised by the parties to it, that is the date where the final payment of the land will be made, and the title will be transferred to the buyer. Some contracts to buy land include clauses that upon the delay of payment of the purchase price or fulfilment of specific conditions, the buyer may lose the land and get a refund. So, this clause helps to keep parties abreast with the time limitation to avoid delay in concluding the transaction
CONCLUSION
For a contract to buy land to be valid there must be an offer, acceptance and consideration. It is important to state that a contract to buy land comes first before the transfer of interest in the land. Also, perfection of the sale which includes obtaining Governor's Consent, register of the document and stamping of the document is not necessary for the contract to buy land as it is only the equitable interest that has passed at that stage and not legal interest.
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