A division of Fravelex Limited (RC 7152585) | Property Verification Experts
Updated 2025 • 12 min read

Nigeria Real Estate Agreements: 20+ Clauses You Must Not Ignore

For tenants, landlords, buyers & sellers – a complete clause‑by‑clause guide under the Land Use Act, Lagos tenancy laws & recent court decisions.

Governor’s consent Foreign exchange trap Omo Onile protection Tenancy law 2025

By Landiz Verification Team · We are not lawyers, agents or developers – we are a property verification company. This guide helps you spot red flags before signing.

🏢 For Tenants & Landlords (Rental Agreements)

👤 TENANT must check

1. Quiet enjoyment
⚡ Why: landlord can’t cut power/water (illegal in Nigeria).
✓ Ensure contract doesn’t allow self‑help eviction.
2. Rent advance (Lagos cap)
⚡ Why: max 1 year rent (new tenant) / 3 months (sitting). Agency fee ≤5%.
✓ Illegal if demands 2 years upfront.
3. Repairs & “wear and tear”
⚡ Why: structural = landlord, minor = tenant. Look for “reasonable wear and tear excepted”.
4. Sub-letting / assignment
⚡ Must say “consent not unreasonably withheld”.
5. Notice & court order only
⚡ Even after expiry, landlord needs court to evict.

👑 LANDLORD include

1. Permitted use – residential only / specific commercial.
2. Rent review (inflation proof) – e.g. 15% increase after first term.
3. Service charge for common areas – security, generator, elevator.
4. Security deposit & re-entry right (court order still needed).
5. Inspection with notice – “reasonable hours after written notice”.

🏡 For Buyers & Sellers (Sales Agreements)

🔍 BUYER danger clauses

⚠️ Foreign exchange / material increase
Developer shifts currency risk to you. INSIST ON FIXED PRICE or strict 5% cap.
⚠️ Resale/transfer fee (10% trap)
Demand removal, at most a tiny admin fee (₦100k-₦500k).
⚠️ Unfair refund / cancellation
If developer defaults → 100% refund + compensation. Not 80%.
4. Recitals (title history) – must trace from govt grant → seller. No gaps.
5. Survey plan attached – number, size, beacon verification.
6. Seller’s warranties – good title, no encumbrances.
7. Governor’s consent clause – “subject to consent of Governor” (void without it).
8. Dispute resolution – prefer non‑exclusive (court or arbitration).

📦 SELLER/DEVELOPER protect

1. Payment plan & default – interest & cancellation on missed payment.
2. “As is” with inspection – but doesn’t override title duty.
3. Indemnity – buyer covers losses from their actions.
4. Entire agreement (merger) – kills verbal promises.
LAGOS TENANCY BILL 2025: one year rent maximum, agent fee capped at 5%, illegal to disconnect utilities. These override any contrary contract term.

✅ Due diligence – before you sign

📋

Land Registry search

Verify seller’s title, check government acquisition & encumbrances.

🗺️

Survey verification

Licensed surveyor confirms beacons match survey plan.

🏢

Corporate search (CAC)

Confirm directors & resolution if seller is a company.

Don’t rely on a contract alone

Verify the land and title before you pay. We do the digging.

🏢 Landiz.com.ng
📞 +234 813 607 2498

Click to chat on WhatsApp

* verification reports, land search, survey inspection *

⛔ Not lawyers, agents or developers – we are a verification company. This guide is for general information and does not constitute legal advice. Laws vary by state; always consult a qualified legal practitioner. Our role is to help verify property authenticity before you commit.

Landiz
Landiz Verification Team · Fravelex Limited RC 7152585
Helping diaspora & local investors avoid Omo Onile and fraudulent titles since 2018.