Selling commercial property in The Gambia: preparing the legal pack

What can the seller establish at the start?

Gather the available title records, plan, previous transfer documents and evidence of authority to sell. If a company, estate or several owners are involved, identify who must participate and which approvals need review.

Define the property being sold, including access, buildings, fixtures and any equipment. A sale of a property and a sale of the business operating from it are different transactions, even where they are negotiated together.

How should tenants and occupiers be dealt with?

List everyone occupying the premises and the basis of occupation. Supply leases, amendments, rent records, deposits and relevant notices. Explain whether the buyer expects existing tenants to remain or requires vacant possession.

• Reconcile rent arrears and amounts paid in advance.
• Identify repair commitments or disputes.
• Record any shared access, parking or service arrangements.
• Clarify what must happen before the seller can deliver the promised possession.

Do not promise an empty building on a date that depends on unresolved tenancy or occupation questions.

What needs settling before completion?

Identify borrowing secured on the property, restrictions, missing records and any consent or approval that the transaction requires. Ask how repayment, release documents and purchase money will be coordinated.

Agree the contract treatment of deposits, conditions, completion documents and outstanding works. A buyer’s enquiry should be answered accurately from the records; do not fill gaps with an unsupported assurance. Obtain tax and accounting advice on the sale where needed.

Prepare a handover schedule

Record the keys, tenant records, manuals, inventories, service information and documents to be delivered. Agree how rent, deposits and shared charges are accounted for between the parties, and who will communicate the change to tenants or managers.

A clear legal pack can expose an issue early enough to address it before a buyer commits. For the wider transaction, use the commercial property service; for an occupied building, read the tenancy guidance.

Related guidance

• Commercial property legal services
• Mortgages and release of security
• The buyer’s commercial property checks