Real Estate Agents Beware: Legal Red Flags in Tenancy and Brokerage Agreements

If you’ve ever been involved in property deals in Nigeria, you already know real estate is sweet money, until somebody drags you to the police station over one clause you didn’t take seriously. Sometimes, the problem isn’t even fraud. It’s simply that the agreement was drafted with “copy and paste” energy, and everybody just signed because they were tired.

In the last few months, I’ve heard too many stories of agents being blamed for disputes that had nothing to do with them. I once read of how an agent in Abuja was accused by a tenant of “misleading information” because the agreement never stated who would fix the soakaway when it eventually misbehaved, and of course, it misbehaved within two months.

So, to save you from unnecessary wahala this year, here are the real legal red flags agents and landlords must watch out for in tenancy and brokerage agreements.

1. Vague Payment Terms — The Fastest Way to Start Trouble

You see this one? It looks small, but it causes the biggest fights.

When the agreement says things like “rent payable annually” without stating when exactly, you’re already creating future chaos. A simple date, 1st March, 15th April, can save everybody from arguments.

For agents, unclear agency fees are another problem. Some tenants assume your fee covers “maintenance advice,” “relocation support,” even “marriage counselling”, because the document didn’t specify what they’re actually paying for.

2. Repairs and Maintenance: If It’s Not Written Down, Forget It

Nigerian tenants argue about repairs the way people argue about football.

Who buys the water pump? Handles the plumbing? or fixes the gate when the welder disappears with a deposit?

If your agreement simply says “repairs will be handled appropriately,” that’s English without sense. Break it down. Minor repairs? Tenant. Structural issues? Landlord. Anything outside that? negotiate.

Agents who don’t clarify this usually end up as the “referee” for months after the deal, and the match is not a friendly.

3. The Famous “Quit Notice” Problem

CAMA is not your problem here, the Tenancy Laws of each state are.

In Lagos for instance, landlords often forget that even if the agreement says “one-month quit notice,” the law still has its own minimum requirements. Courts don’t care about your shortcut clause if it contradicts the law.

Agents need to stop allowing landlords squeeze unrealistic notice periods into agreements. It’s you they will call when the police and court papers start flying.

4. When the Property Has Issues the Landlord Conveniently Forgot to Mention

A cracked wall, pending litigation, bad access road, ownership dispute…

Some landlords hide these things like exam answers.

If an agent fails to disclose them, guess who becomes the villain later?

Exactly — the agent.

A simple line like: “Agent has disclosed all material defects communicated by the landlord.”

…can save you stress.

And if the landlord didn’t disclose anything? Let it reflect in the agreement. Protect yourself.

5. Brokerage Agreements Without Clear Scope

Some agents still operate on handshake agreements, “Don’t worry, we’ll settle you.”

My brother/sister, handshake is not evidence. You need a written brokerage agreement that states: the exact service you provided, your commission, when it becomes payable, and that your job ends once keys are handed over.

Without this, people will drag you into every fight that happens inside that house for the next two years.

6. When the Agreement Doesn’t Match What Was Verbally Promised

This one is classic Nigerian behaviour:

Promise A.

Write B.

Deliver C.

Blame agent.

If the landlord promises to repaint before the tenant moves in, let it enter the agreement. If the tenant promises to pay service charges monthly, let it enter the agreement.

Verbal promises without written confirmation are how innocent agents become “scammers” in WhatsApp family groups.

7. Missing Basic Details

I’ve seen tenancy agreements missing:

• the duration of the rent,
• the full address of the property,
• the names of all tenants,
• even the signature of the landlord (yes, that happens).

Any agreement missing basic details is a future problem already warming up.

Final Advice for Agents and Landlords

Real estate wahala is not always about big legal battles. Most times, it comes from things that were assumed instead of written clearly.

If you:

• state payment terms clearly,
• define repairs properly,
• respect tenancy laws,
• record verbal promises,
• and protect the agent’s role…

…your deals will run smoother, and you won’t need to be settling unnecessary quarrels long after your commission has finished.