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Legal Tips - Agreements: Just How Important Is To You And Your Business? - Autos - Nairaland

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Just How Much Of Yourself Are You Willing To Give?heartstrings For Sale (2) (3) (4)

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Legal Tips - Agreements: Just How Important Is To You And Your Business? by pj5(f): 3:20pm On May 21, 2010
So many business deals are been closed daily on Nairaland just as many more people are getting defrauded due to lack of precaution.
A properly drafted agreement, signed, sealed and witnessed protects you from prowling fraudsters and speeds up the judicial process when they are caught.
Below are some types of agreements which I think would be useful to most Nairalanders who intend doing business with another or closing a deal.

1. SALES AGREEMENT
A sales agreement is an agreement in which properties such as cars, machines etc are transferred from the seller (Vendor) to the buyer (Vendee) for a fixed price in money.

LEGAL SATUS – A sales agreement is valid. If properly drafted, it prevents either party from denying the existence of the sales. Sales agreements are very common and must be drafted carefully with emphasis on the consideration i.e. money exchanged between the parties.
Title to sell is perhaps the most important thing to consider when entering a sales transaction. The seller must covenant that he has title to sell and assure the buyer of quiet possession and enjoyment of the property. He must also be willing to indemnify you against third party claims, legal actions or police harassment where it is discovered that he has no title to sell.

2. DEED OF ASSIGNMENT
This is a document wherein a person (Assignor) states his promise that from the date of the assignment or any date stipulated therein, the buyer (Assignee) gets ownership of that property.
This is especially useful where a document of title is yet to be issued. It is often used when rights in landed properties are being transferred.

LEGAL STATUS – where properly drafted and Governor’s consent obtained, a deed of assignment is very valid.

3. PARTNERSHIP AGREEMENT
This is a written agreement between two or more individuals who join as partners to form or carry on a profit venture. It is important for parties to have partnership agreement to regulate their business relationship.
It is not enough for you to ‘trust’ another because you have known each other since child hood or you are siblings or that you come from the same tribe or meet regularly on Nairaland romance section  grin. You can never trust the face behind the mask or when people will change!

LEGAL STATUS – Valid. The most important aspect is getting a good lawyer to draft the agreement and ensure all loose ends are tied.

4. TENANCY AGREEMENT
A tenancy agreement regulates the relationship, terms and conditions between a landlord and a tenant. It also states clearly the terms for termination.
It is important for today’s landlord to have a tenancy agreement with his tenant stipulating acceptable terms and conditions because the law highly favours the tenant.

LEGAL STATUS – a properly drafted tenancy agreement would prevent undue headache for you in the event of your deciding to eject the tenant. For example, if the tenant pays you yearly and you do not have tenancy agreement with him, the law states that he is entitled to six months quit notice which must be served by the eve of the anniversary of another tenancy. If you allow that eve pass without serving him a notice, he will be in your house for the next one year constituting a nuisance unless the Holy Spirit ministers to him to leave grin. In this case, only an agreement stating his notices period such as 3months etc can override the provision of the law.

So tell me, is it not better for you to consult a good lawyer and get a proper agreement which covers all scopes drafted than to live with high BP, cardiac arrest or a troublesome tenant legally living in your house perpetually till Christ comes? cool

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