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questions before signing property sale agreement Nigeria 2026

6 Questions Before Signing Property Sale Agreement Nigeria 2026

Many buyers in Nigeria still sign property sale agreements without asking the critical questions, only to discover expensive problems months or years later. In 2026’s market — where off-plan deals, blended financing, and infrastructure-driven projects are common — asking the right questions upfront can save you millions of naira and years of legal stress.

Here is the updated 6-question checklist that experienced real estate lawyers recommend every buyer must ask before signing any property sale agreement in 2026.

1. What is the exact status of the title and who currently holds it?

Ask for: Original C of O / Governor’s Consent / Registered Deed of Assignment in the seller’s name. Request a fresh Lands Registry search (not older than 30 days).

Why it matters: Many disputes arise because the title is still in a family name, under litigation, or has multiple claimants. Red Flag Example: A buyer in Ibeju-Lekki signed for a plot only to later discover the land was still registered under a deceased person’s name with ongoing family court cases.

2. Are all necessary government approvals and permits in place?

Ask for: Building approval, survey plan, environmental impact clearance (where required), and evidence that all development levies have been paid.

Why it matters: Without these, you may face demolition risks or heavy penalties later. Red Flag Example: Several buyers in Epe corridor signed agreements only to find out the estate lacked full development approval, leading to stop-work orders from the state.

3. What is the exact payment structure and what happens if milestones are missed?

Ask for: Clear milestone-based payment schedule, penalties for developer delays, and refund conditions if the project is abandoned.

Why it matters: Vague timelines often lead to endless delays and trapped capital. Red Flag Example: A buyer in Shimawa paid 40% upfront based on a “24-month completion” promise. Two years later, the project was still at foundation level with no refund clause.

4. Will all payments go through escrow or a trusted third-party account?

Ask for: Written confirmation that deposits and milestone payments will be held in escrow until conditions are met.

Why it matters: Direct transfers expose you to total loss if the developer defaults. Red Flag Example: Multiple buyers lost funds in 2025–2026 when developers collected deposits directly and later disappeared or declared bankruptcy.

5. What are the full costs beyond the purchase price?

Ask for: Breakdown of all additional costs — legal fees, survey, agency fees, LUC, service charges, infrastructure levies, and any future development charges.

Why it matters: Many buyers underestimate total outlay by 15–30%. Red Flag Example: A buyer in Lekki discovered after signing that they were responsible for ₦18 million in unadvertised road and drainage levies.

6. What are the exit clauses and dispute resolution mechanisms?

Ask for: Clear conditions for termination, refund timelines, and whether disputes will be resolved by arbitration or court.

Why it matters: Without strong exit clauses, you can be locked into a failing project for years. Red Flag Example: Buyers in a Kuje project found their agreement had no meaningful refund clause, leaving them with no legal recourse when construction stopped.

Final Thoughts

In 2026, signing a property sale agreement without asking these six questions is one of the fastest ways to turn a potential investment into a financial nightmare.

A genuine seller or developer will have no problem providing clear, documented answers. Any hesitation or pressure to “just sign” is itself a major warning sign.

Always engage your own independent lawyer before signing anything. Spending ₦300,000–₦500,000 on proper legal review can save you tens of millions later.

Have you asked these questions in past deals? What surprising answers (or lack of answers) have you encountered? Share your experiences in the comments — it could prevent someone else from making a costly mistake.

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