Off-plan property acquisitions have become an increasingly popular feature in Nigeria’s real estate market. The commercial appeal is clear. Buyers commit to today’s price for properties yet to be constructed, often paying a significant portion, or sometimes the entire purchase price, upfront, in anticipation of delivery of a completed asset that will have appreciated by completion. Developers, in turn, use off-plan sales as a means of raising construction capital directly from purchasers rather than relying solely on institutional financing.

For developers, the arrangement is equally compelling. Off-plan sales provide a mechanism for raising construction capital directly from buyers rather than from lenders, thereby monetising demand before construction begins. Despite these advantages, off-plan transactions carry significant legal and commercial risk.

The issue is not that Nigerian law is silent on real estate transactions, but that the framework governing off-plan arrangements is fragmented and insufficiently structured to address the specific risks inherent in paying for assets that do not yet exist. This creates significant exposure for buyers. Industry reports suggest that real estate fraud remains widespread, with substantial financial losses recorded in recent years, particularly in Lagos State. Off-plan purchasers are especially vulnerable because they commit funds upfront without immediate control over the asset. As a result, they face heightened risks, including delays, title uncertainties, project abandonment, and, in some cases, outright fraud.

This article examines the legal position of off-plan buyers in Nigeria, identifies key structural vulnerabilities, and draws comparative lessons from jurisdictions that have developed more robust regulatory frameworks.