Selling Your Property in Lagos: The Seller’s Legal Checklist

Real Estate

Most property advice in Lagos is written for buyers. But sellers face real risks too: deals that collapse because the papers are not ready, buyers who pay part and disappear, disputes with relatives over the proceeds, and tax surprises after the sale.

A well-prepared seller sells faster, at a better price, and with less risk. This checklist sets out what to do before, during and after you sell property in Lagos.
Before you list the property

  1. Gather your title documents
    Serious buyers, and their lawyers, will ask for:

your C of O or registered deed, with Governor’s consent where required;
a registered survey plan;
for a building, the approved building plan and planning permit; and
receipts for land use charge and other rates.

If your own title is incomplete, for example you never obtained consent on your purchase, fix it before you sell. Buyers’ lawyers will find the gap, and it will delay or kill the sale.
2. Confirm who must sign
Joint owners must all sign.
Family property needs the family head and principal members.
Inherited property can only be sold by the executors or administrators named in a grant of probate or letters of administration.
Company property needs a board resolution and authorised signatories.
3. Clear any mortgage
If the property is mortgaged, the bank must be paid off and the mortgage released, or the bank must consent to the sale.
4. Resolve disputes
Boundary disputes, tenants in occupation, or family disagreements should be resolved before you sell. Disclose any that remain.
During the sale
5. Use a written contract of sale
Record the price, the deposit, the payment schedule, the completion date, what happens if the buyer defaults, and when the buyer takes possession.
6. Don’t hand over possession or originals too early
Give possession and original title documents only when you have been paid in full, unless your contract provides otherwise. Partial payment followed by a buyer in possession is a common cause of disputes.
7. Use a verified agent
In Lagos, agents should be registered with LASRERA. Agree the agent’s commission in writing, and make sure payments go into your account, not the agent’s.
8. Sign a proper deed of assignment
The deed should be prepared or reviewed by a lawyer, describe the property accurately, and be executed by all the right signatories.
After the sale
9. Cooperate with consent and registration
The buyer will usually apply for the Governor’s consent. As seller, you may need to provide documents and signatures. Your contract should say who pays which fees.
10. Deal with tax
The sale of property may attract capital gains tax, and Nigeria’s tax laws were reformed from January 2026. Take tax advice before you sell, so you know your liability and any reliefs that may apply.
Frequently asked questions
What documents do I need to sell a house in Lagos? Usually your C of O or registered deed, Governor’s consent where required, a registered survey plan, and for a building, approved plans and land use charge receipts.

Can I sell property I inherited? Only once a grant of probate or letters of administration has been obtained, and by the personal representatives named in it.

Can I sell a mortgaged property? Yes, but the mortgage must be paid off and released, or the bank must consent.

Do I pay tax when I sell property in Nigeria? Capital gains tax may apply. The rules changed from January 2026, so take tax advice before the sale.

Should I let the buyer move in before full payment? It is risky. Only do so under a written agreement that protects you if the buyer defaults.

About Cardinal Counsel

Cardinal Counsel (Barristers & Solicitors) is a Lagos-based law firm advising individuals, families and businesses, at home and abroad, on property transactions, commercial agreements, regulatory compliance and dispute resolution. The firm prepares contracts of sale and deeds of assignment, and supports sellers and buyers from preparation to completion.

This article is for general information only and does not constitute legal advice. Before you list your property for sale, contact Cardinal Counsel at Suite D14, Adeniran Ogunsanya Mall, Surulere, Lagos, or email info@cardinalcounsel.co.

Tag Post :
Lagos, Property Law, Real Estate, Selling property
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