Terms of Property Introduction

1. Purpose

Fine & Country West Africa (“the Company”, “we”, “us”) acts as the introducing broker when connecting prospective buyers, tenants, investors, and their representatives with property opportunities. This non-circumvention acknowledgement protects the commercial relationship between all parties and ensures that the Company’s role as introducer is respected throughout and beyond any transaction.

2. What You Are Acknowledging

By submitting your details through any property enquiry form on this website, or by receiving property information through any of Fine & Country West Africa’s communications platforms, digital assets, email correspondence, messaging services, or any other channel operated by or on behalf of the Company, you acknowledge and agree that:

• Fine & Country West Africa is the introducing broker for the property or properties presented to you, provided that you did not have a prior, documented relationship with the specific property owner, developer, or their authorised representative before the Company’s introduction.
• You will not engage directly with any seller, landlord, developer, co-listing agent, or any other intermediary to circumvent, bypass, or exclude the Company from any transaction arising from this introduction.
• This acknowledgement applies to all properties introduced by Fine & Country West Africa — not only the specific property referenced in your initial enquiry.
• The acknowledgement remains in effect for a period of twelve (12) months from the date of your most recent interaction with the Company regarding any introduced property.

3. Prior Relationships

This acknowledgement does not apply to properties or parties with whom you had a pre-existing, documented relationship prior to the Company’s introduction. A pre-existing relationship means that you were already in direct contact with the property owner, developer, or their authorised representative regarding the specific property in question, and that such contact can be evidenced by written correspondence, a signed agreement, or other verifiable documentation predating the Company’s introduction. The burden of establishing a pre-existing relationship rests with you. If you believe a prior relationship exists, you must notify the Company in writing before proceeding with any direct engagement.

4. Scope of Application

This non-circumvention acknowledgement applies to all parties who receive property information through any of Fine & Country West Africa’s communications platforms, digital assets, website, email correspondence, messaging services, social media channels, or any other medium operated by or on behalf of the Company. The obligations differ depending on how you engage with us:

5. What Constitutes Circumvention

Circumvention includes, but is not limited to, the following actions taken after an introduction by Fine & Country West Africa:

• Contacting the seller, landlord, developer, or their representatives directly without the Company’s knowledge or consent.
• Engaging another agent, referral source, or intermediary to complete a transaction on an introduced property.
• Instructing a solicitor, surveyor, or other professional to act on a transaction that arose from the Company’s introduction without notifying the Company.
• Using information received from the Company — including property addresses, pricing, floor plans, developer contacts, or availability — to identify and transact on the property through alternative channels.
• Arranging for a related party (including family members, associates, or connected entities) to complete the transaction on your behalf.

6. Consequences of Circumvention

If circumvention is established, Fine & Country West Africa reserves the right to pursue any or all of the following remedies:

• Commission claim: The Company shall be entitled to its full brokerage commission as if the transaction had been completed through the Company, calculated in accordance with the applicable Executive Search Agreement (ESA) or standard commission schedule.
• Legal proceedings: The Company may institute legal proceedings to recover its commission and any damages suffered as a result of the circumvention, including costs of litigation.
• Injunctive relief: Where a transaction is ongoing, the Company may seek an injunction to restrain the circumventing party from completing the transaction without the Company’s involvement.
• Industry notification: In cases involving other agents, brokers, or referral parties, the Company may notify relevant professional bodies and industry networks of the breach.

7. Relationship to Formal Agreements

This acknowledgement is a binding confirmation of intent and constitutes a standalone obligation. It preludes and complements, but does not replace, the formal agreements that govern the full scope of our engagement:

• Executive Search Agreement (ESA): The primary agreement between Fine & Country West Africa and a prospective buyer or tenant. It formalises the property search engagement, sets out commission terms, exclusivity provisions, and the full non-circumvention clause. You will be invited to sign an ESA digitally following a qualifying conversation with our team.
• Agency Collaboration Agreement: For brokers, agents, and referral sources wishing to collaborate on a property introduced by the Company. This agreement governs co-brokerage terms, referral fees, commission splits, and mutual non-circumvention obligations.
• Non-Disclosure Agreement (NDA): Where confidential property information is shared ahead of a formal engagement, particularly for off-market opportunities.

Where a formal agreement is subsequently executed between you and the Company, the terms of that agreement shall govern the specific transaction to which it relates. This acknowledgement shall continue to apply to all other introduced properties not covered by a separate formal agreement.

8. Legal Basis

This acknowledgement is made and governed by the laws of the Federal Republic of Nigeria. Your submission constitutes a valid electronic acceptance under:

• The Evidence Act 2011, Section 84 — which recognises computer-generated documents and electronic records as admissible evidence.
• The Cybercrimes (Prohibition, Prevention, etc.) Act 2015 — which provides the framework for electronic transactions and digital consent in Nigeria.

For each submission, the Company records your name, email address, IP address, device information, timestamp, and the specific version of terms acknowledged. This audit trail is maintained as part of the Company’s records and may be produced as evidence in the event of a dispute.

9. How We Use Your Information

The personal information you provide is used solely to process your property enquiry, maintain our legal audit trail, and communicate with you regarding introduced properties. We do not sell or share your personal data with third parties outside of the direct transaction context. Your information may be shared with our CRM platform for lead management purposes and with relevant team members assisting with your enquiry. For further details, please refer to our Privacy Policy.

10. Questions

If you have any questions about these terms or wish to discuss the scope of this acknowledgement, please contact us: