TERMS OF SERVICE
FortuneRealtors & Property Ltd
Effective Date: 16-08-2026
Last Updated: 16-08-2026
1. INTRODUCTION
Welcome to the website and digital platforms operated by FortuneRealtors & Property Ltd (“FortuneRealtors“, “we“, “us“, “our” or “Company“).
These Terms of Service (“Terms“) govern your access to and use of our website, digital platforms, online forms, property information, inspection-booking services, customer communications and other services made available through our website or related platforms.
They also establish important terms governing enquiries, property reservations, payments and other dealings with FortuneRealtors, except where a separate written agreement applies.
By accessing, browsing or using our website, submitting an enquiry, booking an inspection, requesting property information, making a payment, reserving a property or otherwise engaging with FortuneRealtors, you agree to comply with these Terms.
Please read these Terms carefully before using our website or proceeding with any property transaction.
If you do not agree with these Terms, you should not use our website or proceed with services governed by these Terms.
2. ABOUT FORTUNEREALTORS
FortuneRealtors & Property Ltd is a real estate company engaged in the acquisition, development, marketing and sale of real estate and related property services.
Our business may involve:
Acquiring land and property;
Conducting property due diligence;
Developing estates;
Planning and improving property;
Marketing and selling plots and properties;
Providing property information;
Facilitating inspections and viewings;
Supporting customers through property transactions;
Providing real estate consultancy and advisory services; and
Providing other lawful real estate-related services.
Unless expressly stated otherwise in writing, FortuneRealtors is not operating this website as an open marketplace through which members of the public may list their privately owned properties for sale.
Property opportunities presented by FortuneRealtors may relate to properties acquired, controlled, developed or otherwise lawfully offered by FortuneRealtors or through a transaction structure expressly disclosed to the customer.
3. DEFINITIONS
For purposes of these Terms:
“Company”, “FortuneRealtors”, “we”, “us” or “our” means FortuneRealtors & Property Ltd.
“Website” means the FortuneRealtors website and any related webpages, landing pages, portals or digital interfaces operated by or on behalf of FortuneRealtors.
“User”, “you” or “your” means any person who accesses the Website or interacts with FortuneRealtors.
“Customer” means a person who purchases, reserves, enquires about or otherwise engages FortuneRealtors in relation to a property or service.
“Property” means land, plots, buildings, estates, developments or other real estate offered by FortuneRealtors.
“Estate” means a development or collection of plots or properties marketed or developed under a particular estate name.
“Property Information” means descriptions, photographs, videos, maps, plans, dimensions, prices, location information, specifications, features, projected development information and other information published or communicated regarding a Property.
“Transaction Documents” means any reservation form, offer letter, invoice, receipt, contract of sale, deed, agreement, allocation letter, survey plan, payment schedule, estate rules, development agreement or other document expressly forming part of a particular property transaction.
“Reservation” means an arrangement by which a Property is temporarily held for a Customer subject to the applicable conditions.
“Allocation” means the formal identification and assignment of a particular plot or Property to a Customer following satisfaction of the applicable requirements.
“Business Day” means a day other than a Saturday, Sunday or public holiday in Nigeria.
4. ACCEPTANCE OF THESE TERMS
By using the Website or engaging with FortuneRealtors, you confirm that:
You have read and understood these Terms;
You agree to be legally bound by them to the extent permitted by law;
You have the legal capacity to enter into agreements;
Information you provide to us is accurate and not misleading;
You will comply with applicable Nigerian laws;
You will not use the Website for unlawful purposes; and
You will comply with any additional terms applicable to a specific Property or service.
If you are acting on behalf of another person or organisation, you represent that you have authority to do so.
5. WEBSITE USE
You may use the Website only for lawful purposes.
You must not:
Use the Website for fraudulent purposes;
Provide false or misleading information;
Attempt to gain unauthorised access to our systems;
Interfere with the operation or security of the Website;
Introduce malicious code, viruses or other harmful material;
Scrape, copy or systematically extract Website content without permission;
Reproduce proprietary content for commercial use without authorisation;
Impersonate FortuneRealtors or its personnel;
Misrepresent your relationship with FortuneRealtors;
Use the Website to solicit or defraud other users;
Use automated systems to overload or interfere with the Website;
Circumvent security mechanisms; or
Use the Website in any way that violates applicable law.
We reserve the right to restrict, suspend or terminate access to the Website where we reasonably believe that these Terms have been breached or that such action is necessary to protect our systems, customers, personnel or legitimate business interests.
6. WEBSITE CONTENT
We make reasonable efforts to ensure that information published on the Website is useful and reasonably accurate.
However, property information may change because of:
Availability;
Pricing changes;
Development progress;
Planning requirements;
Survey information;
Regulatory requirements;
Market conditions;
Construction changes;
Administrative updates; or
Other circumstances beyond our immediate control.
Accordingly, Website content should not automatically be treated as a final contractual representation unless expressly incorporated into a Transaction Document.
The final terms of a property transaction are determined by the applicable Transaction Documents.
7. PROPERTY INFORMATION AND DESCRIPTIONS
Property descriptions, photographs, videos, illustrations, maps, plans, dimensions, measurements, renderings and other materials displayed on the Website are provided to assist prospective customers in understanding the Property.
Unless expressly stated otherwise:
Images may be illustrative;
Development renderings may represent proposed rather than completed features;
Landscaping may be subject to change;
Road layouts may change;
Building designs may change;
Dimensions may be approximate;
Boundaries may require confirmation through the applicable survey or official documentation;
Infrastructure may be completed in phases;
Development timelines may change; and
Visual representations may not reflect the final completed condition.
Customers should rely on the applicable Transaction Documents and verified property documentation rather than assumptions based solely on promotional materials.
Where measurements or specifications are material to your decision, you should independently verify them or request appropriate supporting documentation before completing the transaction.
8. PROPERTY AVAILABILITY
Properties are subject to availability.
The fact that a Property appears on the Website does not guarantee that it remains available for purchase.
A Property may become unavailable because:
Another customer has completed a purchase;
A reservation has been made;
The Company has temporarily withdrawn the Property;
The Property has been reconfigured;
Pricing has changed;
Regulatory or development considerations require withdrawal; or
Other legitimate business circumstances arise.
FortuneRealtors reserves the right to withdraw, replace, modify or discontinue a Property offering subject to applicable contractual obligations and law.
9. PROPERTY PRICES
Property prices published or communicated by FortuneRealtors are subject to change until a price has been formally agreed and documented in the applicable Transaction Documents.
Unless expressly stated otherwise, a published property price may not include:
Legal fees;
Survey fees;
Documentation charges;
Development charges;
Infrastructure charges;
Service or estate charges;
Government charges;
Taxes;
Registration costs;
Stamp duties;
Consent-related expenses;
Professional fees; or
Other transaction-related costs.
Where additional charges apply, FortuneRealtors will communicate applicable charges in accordance with the relevant transaction and applicable law.
A Customer should not assume that the advertised property price represents the complete cost of acquiring, documenting, developing or maintaining the Property.
10. NO VERBAL PRICE ORAL AGREEMENTS
Unless confirmed by an authorised representative of FortuneRealtors in writing, statements made verbally by sales representatives, consultants, marketers or other persons do not constitute a binding variation of a written Transaction Document.
Customers are encouraged to request written confirmation of:
Property price;
Payment terms;
Discounts;
Incentives;
Charges;
Development commitments;
Allocation terms;
Documentation;
Timelines; and
Any other material representation.
Only persons duly authorised by FortuneRealtors may bind the Company contractually.
11. PROPERTY ENQUIRIES
Submitting an enquiry does not:
Constitute an offer to purchase;
Create a contract of sale;
Guarantee availability;
Lock the property price;
Create a reservation;
Create an allocation; or
Require FortuneRealtors to complete a transaction.
An enquiry merely indicates your interest and allows us to communicate with you regarding the relevant Property or service.
12. PROPERTY INSPECTIONS
Property inspections may be arranged by appointment.
An inspection:
Does not constitute a reservation;
Does not guarantee purchase;
Does not guarantee availability;
Does not constitute allocation;
Does not replace legal due diligence; and
Does not constitute an independent professional valuation or survey.
FortuneRealtors may require reasonable notice before an inspection.
We may reschedule an inspection because of:
Weather;
Site conditions;
Security concerns;
Access restrictions;
Construction activities;
Administrative reasons;
Regulatory circumstances;
Health and safety considerations; or
Other circumstances reasonably affecting the safety or practicality of the inspection.
Customers attending an inspection must comply with reasonable site safety instructions.
13. CUSTOMER DUE DILIGENCE
Although FortuneRealtors undertakes property-related due diligence as part of its business processes, customers are encouraged to conduct independent due diligence appropriate to their circumstances before completing a transaction.
Depending on the Property and transaction, this may include obtaining independent advice from:
A qualified solicitor;
A surveyor;
A valuer;
A planning professional;
A tax adviser;
A financial adviser; or
Another appropriately qualified professional.
Nothing on the Website constitutes legal, tax, financial, valuation or investment advice unless expressly stated and provided under an appropriate professional engagement.
14. LEGAL AND TITLE DOCUMENTATION
Property documentation may include documents relating to:
Title;
Survey;
Planning;
Development;
Allocation;
Transaction history;
Government approvals;
Deeds;
Agreements; and
Other relevant property interests.
The specific documentation applicable to each Property may differ.
Customers should review the documents applicable to the particular transaction and seek independent legal advice where necessary.
FortuneRealtors will not knowingly represent that a document exists, has been issued or provides a particular legal effect where that representation is not supported by the relevant documentation.
15. PROPERTY RESERVATIONS
Where FortuneRealtors permits a Property to be reserved, the reservation is subject to the terms communicated at the time of reservation.
A reservation may require:
A reservation fee;
Completion of customer information;
Identification documents;
Acceptance of applicable terms;
Compliance with a specified payment period; or
Other requirements.
Unless expressly stated otherwise in writing, a reservation is not equivalent to a completed sale.
Failure to satisfy the conditions of a reservation within the applicable period may result in cancellation or release of the Property.
16. PAYMENTS
Customers must make payments only through payment channels officially designated or confirmed by FortuneRealtors.
A Customer should not make payments to:
An employee’s personal account;
A sales representative’s personal account;
An independent marketer’s personal account;
An unauthorised third-party account; or
Any account not officially confirmed by FortuneRealtors.
Where a Customer independently chooses to make payment through an unauthorised channel, FortuneRealtors may not be responsible for any resulting loss, subject always to applicable law and the circumstances of the transaction.
Customers should verify payment instructions with FortuneRealtors before transferring substantial sums.
17. PAYMENT CONFIRMATION
A payment is not necessarily treated as received merely because a Customer has initiated a transfer.
Payment is subject to:
Actual receipt of cleared funds;
Verification;
Reconciliation;
Identification of the payer;
Compliance checks where applicable; and
Confirmation by FortuneRealtors.
Customers should retain payment evidence until the transaction has been formally reconciled.
18. PAYMENT PLANS
Where FortuneRealtors offers a payment plan, the applicable payment schedule shall be determined by the relevant written agreement, invoice or payment schedule.
Customers must make payments by the applicable due dates.
Unless expressly agreed otherwise in writing:
A payment plan does not change ownership of the Property;
A payment plan does not constitute allocation;
Partial payment does not necessarily create an equitable or legal interest beyond the rights expressly granted by the applicable contract; and
Failure to comply with the payment schedule may constitute default.
19. DEFAULT BY CUSTOMER
A Customer may be considered in default where the Customer:
Fails to make a required payment;
Provides materially false information;
Fails to provide required documentation;
Fails to satisfy agreed conditions;
Attempts to transfer contractual rights without permission;
Breaches the applicable Transaction Documents;
Engages in fraudulent conduct; or
Otherwise materially breaches the terms applicable to the transaction.
Where permitted by the applicable agreement and law, FortuneRealtors may respond to a default by:
Issuing a notice;
Suspending further processing;
Suspending allocation;
Cancelling a reservation;
Releasing the Property;
Applying applicable contractual charges;
Terminating the agreement; or
Exercising other contractual remedies.
Any cancellation, forfeiture or refund will be handled in accordance with the applicable Transaction Documents and applicable law.
20. REFUNDS AND CANCELLATIONS
Refunds are not automatically available merely because a Customer changes their mind after entering into a transaction.
The Company’s refund obligations, where applicable, will depend on:
The Transaction Documents;
The reason for cancellation;
The stage of the transaction;
Amounts already paid to third parties;
Applicable administrative or contractual charges;
Whether the Customer is in default;
Whether the Company is in breach;
Applicable consumer protection law; and
Other circumstances relevant to the transaction.
Where a specific Refund Policy applies, that policy should be read together with the relevant Transaction Documents.
Nothing in these Terms is intended to exclude a refund or remedy that cannot lawfully be excluded.
21. ALLOCATION OF PROPERTY
Allocation shall occur only when FortuneRealtors has formally completed the applicable allocation process.
Payment alone does not automatically constitute allocation.
Allocation may be subject to:
Completion of required payments;
Verification of customer information;
Execution of applicable documentation;
Confirmation of the relevant Property;
Availability of the plot;
Survey and development considerations;
Compliance with estate requirements; and
Other applicable conditions.
FortuneRealtors may communicate allocation through an allocation letter, schedule, site plan, survey or other appropriate document.
22. ALLOCATION DOES NOT REPLACE TITLE
An allocation document is not necessarily a substitute for a registrable title document.
The legal nature and effect of an allocation will depend on the transaction documents and applicable law.
Customers should obtain independent legal advice concerning:
The nature of the interest being acquired;
The Company’s interest in the Property;
Documentation;
Registration;
Consent;
Perfection;
Restrictions; and
Other legal matters relevant to ownership.
23. PROPERTY BOUNDARIES AND SURVEY
Customers should rely on the applicable survey, approved site plan and other authoritative documentation when determining property boundaries.
Illustrations on the Website may not be suitable for determining exact boundaries.
Customers must not remove boundary markers, interfere with survey monuments or alter estate demarcations without appropriate authorisation.
24. DEVELOPMENT AND INFRASTRUCTURE
Where a Property is part of an estate or development, FortuneRealtors may undertake or coordinate infrastructure and development activities.
Depending on the particular estate, these may include:
Roads;
Drainage;
Perimeter fencing;
Gatehouses;
Landscaping;
Street lighting;
Security infrastructure;
Water infrastructure;
Electricity-related infrastructure;
Recreational facilities; or
Other estate features.
Not every development feature is applicable to every Property.
Where development commitments are made, the relevant scope, specifications and timelines should be determined from the applicable Transaction Documents or official written communication.
25. DEVELOPMENT TIMELINES
Any development timeline communicated by FortuneRealtors is subject to reasonable variation.
Delays may arise from:
Weather;
Government approvals;
Regulatory requirements;
Contractors;
Material availability;
Utility providers;
Changes in design;
Security conditions;
Access restrictions;
Labour issues;
Funding or commercial considerations;
Force majeure events; or
Other circumstances beyond the Company’s reasonable control.
Unless expressly guaranteed in a written contract, projected completion dates are estimates rather than absolute guarantees.
26. CHANGES TO DEVELOPMENT PLANS
FortuneRealtors may make reasonable changes to development plans where necessary because of:
Planning requirements;
Engineering considerations;
Safety;
Environmental considerations;
Regulatory requirements;
Availability of infrastructure;
Site conditions;
Design improvements; or
Other legitimate development considerations.
Where a change materially affects a Customer’s contractual rights, the Company will comply with the applicable Transaction Documents and law.
27. POSSESSION AND ACCESS
Purchase, reservation or allocation does not automatically authorise a Customer to occupy, build upon, fence, alter or otherwise physically use a Property before the applicable conditions have been satisfied.
Access to a Property may be subject to:
Completion of payment obligations;
Allocation;
Site readiness;
Development restrictions;
Estate rules;
Planning requirements;
Building approvals;
Security requirements; and
Other applicable conditions.
Customers must not commence construction or other works without obtaining all required approvals and written permissions.
28. BUILDING AND DEVELOPMENT BY CUSTOMERS
Where Customers intend to develop an allocated Property, they are responsible for obtaining all approvals required by applicable law.
This may include:
Building approval;
Planning approval;
Environmental approval where applicable;
Survey requirements;
Utility approvals;
Construction permits;
Professional certifications; and
Other statutory requirements.
FortuneRealtors does not guarantee that a Customer’s proposed development will receive approval from a government authority.
29. ESTATE RULES
Where an estate has applicable rules, regulations, architectural guidelines or development standards, Customers must comply with them.
Such rules may regulate:
Building designs;
Setbacks;
Fencing;
Construction periods;
Access;
Security;
Noise;
Waste management;
Landscaping;
Estate infrastructure;
Use of common areas; and
Other matters necessary for proper estate management.
Estate rules may be updated where reasonably necessary, subject to applicable contractual rights and law.
30. PROPERTY OWNERSHIP AND THIRD-PARTY CLAIMS
FortuneRealtors will not knowingly offer a Property for sale without having a lawful basis to offer the relevant interest.
However, real estate transactions can involve title, regulatory, survey, planning, historical and third-party issues.
The Company will provide applicable documentation and information in accordance with the transaction.
Customers should review the documentation and seek independent legal advice before completing a transaction.
Nothing in these Terms is intended to exclude liability arising from fraudulent misrepresentation, deliberate concealment or any liability that cannot lawfully be excluded.
31. INDEPENDENT PROFESSIONAL ADVICE
FortuneRealtors is not a substitute for independent professional advisers.
You are responsible for obtaining advice appropriate to your circumstances.
In particular, you should consider independent advice concerning:
Property title;
Contractual rights;
Taxes;
Financing;
Planning;
Construction;
Valuation;
Estate development;
Succession;
Corporate ownership; and
Other legal or financial matters.
Information provided by FortuneRealtors personnel should not be interpreted as professional advice unless expressly provided under an appropriate professional engagement.
32. NO GUARANTEE OF FINANCIAL RETURNS
Property ownership involves commercial and market risks.
FortuneRealtors does not guarantee:
Capital appreciation;
Rental income;
Resale value;
Future market prices;
Development-related returns;
Profit;
Liquidity;
Demand;
Future infrastructure appreciation; or
Any particular financial outcome.
Statements concerning growth, potential appreciation, location advantages, future development or market prospects should not be interpreted as guaranteed returns unless expressly documented as a legally binding contractual obligation.
33. MARKETING MATERIALS
Marketing materials are intended to communicate property opportunities and may contain:
Photographs;
Videos;
Artist impressions;
Architectural renderings;
Illustrations;
Maps;
Location descriptions;
Development concepts;
Market commentary;
Testimonials; and
Other promotional material.
Marketing materials should be read together with the applicable Transaction Documents.
An artist’s impression does not necessarily represent the final development.
A projected development is not necessarily a completed development.
A statement regarding a third-party development or infrastructure project does not constitute a guarantee that such project will be completed within any particular period.
34. THIRD-PARTY INFRASTRUCTURE AND DEVELOPMENTS
References to roads, airports, railways, commercial centres, schools, hospitals, government projects or other infrastructure controlled by third parties are provided for informational purposes.
FortuneRealtors does not control the timing, scope, completion or operation of third-party projects unless expressly stated otherwise.
Customers should independently verify information concerning third-party developments that materially influences their purchasing decision.
35. THIRD-PARTY SERVICES
FortuneRealtors may refer Customers to third-party professionals or service providers.
Such providers may include:
Solicitors;
Surveyors;
Architects;
Valuers;
Contractors;
Financial institutions;
Insurance providers;
Construction professionals; and
Other service providers.
Unless expressly agreed otherwise, those providers operate independently of FortuneRealtors.
Customers should review the provider’s terms and verify the provider’s professional status where appropriate.
36. INDEPENDENT PROPERTY CONSULTANTS AND MARKETERS
FortuneRealtors may work with independent property consultants, marketers or sales representatives.
Unless expressly stated in a written employment or agency agreement, such persons are not automatically employees, directors or authorised legal representatives of FortuneRealtors.
An independent consultant or marketer must not:
Alter Company prices without written authority;
Receive customer funds into a personal account;
Issue unauthorised receipts;
Alter contractual terms;
Make guarantees on behalf of FortuneRealtors;
Represent that they can create rights beyond their authority;
Misrepresent Company policies; or
Bind FortuneRealtors to an agreement without proper authority.
Customers should deal directly with FortuneRealtors where confirmation of a material transaction matter is required.
37. AUTHORISED REPRESENTATIVES
Only authorised representatives of FortuneRealtors may:
Approve discounts;
Change contractual terms;
Confirm special payment arrangements;
Approve refunds;
Execute binding Company agreements;
Confirm legal commitments; or
Make representations that bind the Company.
A person claiming to represent FortuneRealtors does not automatically have authority to bind the Company merely because they communicate with a Customer.
38. ANTI-FRAUD AND PAYMENT PROTECTION
FortuneRealtors takes fraud prevention seriously.
Customers must immediately report any suspicious request involving:
Changes to payment accounts;
Requests for cash payments;
Requests to pay into personal accounts;
Unusual discounts;
Unauthorised documents;
Fake allocation letters;
Unofficial receipts;
Requests for confidential information; or
Persons falsely claiming to represent FortuneRealtors.
The Company may require verification before accepting or acting on payment or transaction instructions.
39. ANTI-MONEY LAUNDERING AND CUSTOMER VERIFICATION
FortuneRealtors may conduct customer identification, verification and compliance checks where required by law or reasonably necessary for its business.
Customers may be required to provide:
Identification documents;
Contact information;
Address information;
Source-of-funds information where legally required;
Corporate information;
Beneficial ownership information; or
Other information reasonably required for compliance purposes.
Where required, FortuneRealtors may delay, suspend or refuse a transaction pending completion of applicable verification.
40. PERSONAL DATA
FortuneRealtors processes personal data in accordance with its Privacy Policy and applicable Nigerian data protection law, including the Nigeria Data Protection Act 2023.
Our Privacy Policy explains how personal data is collected, used, stored, disclosed and protected.
Nothing in these Terms replaces the Privacy Policy.
The Company’s Privacy Policy should be read together with these Terms.
41. USER-SUBMITTED INFORMATION
Where you submit information through our Website, you represent that:
The information is accurate;
You have the right to provide it;
It does not knowingly violate another person’s rights;
It is not fraudulent;
It does not contain malicious software; and
Its submission does not violate applicable law.
You remain responsible for the information you submit.
42. INTELLECTUAL PROPERTY
Unless otherwise indicated, all intellectual property appearing on the Website belongs to or is lawfully licensed to FortuneRealtors.
This may include:
Logos;
Brand names;
Text;
Graphics;
Photographs;
Videos;
Illustrations;
Website design;
Layout;
Icons;
Documents;
Marketing materials;
Estate names;
Original content; and
Other protected material.
You may access and use Website content for personal and legitimate purposes in connection with considering FortuneRealtors’ services.
You must not reproduce, modify, distribute, sell, publish or commercially exploit our proprietary materials without prior written permission.
43. TRADEMARKS
FortuneRealtors’ name, logos, estate names, slogans and other brand identifiers may constitute trademarks or proprietary business identifiers.
Nothing on the Website grants you a licence to use these marks.
Unauthorised use may constitute infringement or otherwise violate applicable law.
44. USER REVIEWS AND TESTIMONIALS
Where the Website permits users or customers to provide reviews, testimonials or other content, you must ensure that your submission is:
Truthful;
Not misleading;
Based on genuine experience;
Not defamatory;
Not unlawful;
Not infringing another person’s intellectual property rights; and
Not harmful to another person’s privacy.
By submitting content for publication, you grant FortuneRealtors a non-exclusive, royalty-free right to reproduce, display and use the content for legitimate business and marketing purposes, subject to applicable law and any agreed restrictions.
FortuneRealtors reserves the right to moderate or remove content that violates these Terms or applicable law.
45. WEBSITE AVAILABILITY
We endeavour to keep the Website available and functional.
However, we do not guarantee that the Website will:
Always be available;
Be uninterrupted;
Be error-free;
Be free of security vulnerabilities;
Always contain the latest information; or
Operate on every device or browser.
The Website may occasionally be unavailable because of:
Maintenance;
Upgrades;
Technical failures;
Cybersecurity incidents;
Hosting issues;
Network failures;
Third-party service interruptions; or
Other circumstances beyond our reasonable control.
46. THIRD-PARTY LINKS
The Website may contain links to third-party websites.
Such links are provided for convenience and do not necessarily mean that FortuneRealtors endorses or controls the third-party website.
FortuneRealtors is not responsible for:
Third-party content;
Third-party privacy practices;
Third-party security;
Third-party services;
Third-party availability; or
Transactions conducted with third parties.
You access third-party websites at your own risk.
47. CYBERSECURITY
You must not attempt to compromise the security of the Website.
Prohibited activities include:
Hacking;
Unauthorised scanning;
Password attacks;
Malware distribution;
Denial-of-service attacks;
Unauthorised access;
Exploitation of vulnerabilities;
Data scraping designed to circumvent technical restrictions; and
Other malicious activities.
FortuneRealtors may investigate suspected security incidents and report unlawful conduct to appropriate authorities.
48. DISCLAIMER OF CERTAIN WARRANTIES
To the maximum extent permitted by applicable law, the Website and general Website content are provided on an “as available” basis.
We do not warrant that:
Every Website statement will always be current;
The Website will be uninterrupted;
All errors will immediately be corrected;
Every Property will remain available;
Every promotional image will represent final development;
Every third-party link will remain functional; or
The Website will meet every user’s individual requirements.
Nothing in this section excludes or limits a warranty, representation or liability that cannot lawfully be excluded.
49. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, FortuneRealtors shall not be liable for indirect, incidental, special, consequential or purely economic losses arising from:
Your use of the Website;
Your inability to access the Website;
Reliance on non-contractual Website information;
Third-party websites;
Unauthorised third-party conduct;
Changes in market conditions;
Delays caused by circumstances beyond our reasonable control; or
Your failure to obtain appropriate independent professional advice.
Nothing in these Terms excludes or limits liability for matters that cannot lawfully be excluded or limited, including liability arising from fraud or fraudulent misrepresentation, or other liability imposed as non-excludable by applicable law.
For a completed property transaction, the Company’s liability shall additionally be governed by the applicable Transaction Documents.
50. CUSTOMER RESPONSIBILITY
You are responsible for making informed decisions concerning any Property you purchase or intend to purchase.
You should:
Review the applicable documentation;
Verify important information;
Conduct appropriate due diligence;
Obtain independent professional advice;
Confirm payment instructions;
Understand the payment schedule;
Review applicable charges;
Understand development conditions;
Keep copies of transaction documents; and
Comply with applicable laws and estate rules.
Your failure to perform due diligence does not automatically transfer responsibility for matters that FortuneRealtors is legally responsible for, but you remain responsible for decisions that you make based on information you should reasonably have verified.
51. INDEMNITY
To the extent permitted by law, you agree to indemnify FortuneRealtors and its directors, officers, employees and authorised representatives against losses, claims, liabilities, damages and reasonable expenses arising from:
Your material breach of these Terms;
Fraudulent or misleading information provided by you;
Your unlawful use of the Website;
Your infringement of another person’s intellectual property rights;
Your misuse of Website content;
Your violation of applicable law; or
Your unauthorised actions taken in connection with a FortuneRealtors transaction.
This indemnity does not apply to the extent that the relevant loss resulted from FortuneRealtors’ own unlawful conduct or liability that cannot legally be transferred to you.
52. FORCE MAJEURE
FortuneRealtors shall not be responsible for delay or failure to perform an obligation to the extent caused by circumstances beyond its reasonable control.
Such circumstances may include:
Natural disasters;
Flooding;
Severe weather;
Fire;
Epidemics or pandemics;
War;
Terrorism;
Civil unrest;
Government action;
Regulatory restrictions;
Strikes;
Labour disruptions;
Utility failures;
Transportation disruption;
Security incidents;
Major infrastructure failures;
Cybersecurity incidents;
Contractor failure;
Material shortages; or
Other events beyond reasonable control.
Where such circumstances affect a transaction, FortuneRealtors will take reasonable steps to mitigate their impact.
53. GOVERNMENT APPROVALS AND REGULATORY MATTERS
Certain property activities depend on government agencies, planning authorities, survey authorities, land registries, utility providers or other public or private bodies.
FortuneRealtors cannot guarantee the decisions, processing times or actions of independent authorities.
Where a transaction depends on a regulatory approval, the applicable Transaction Documents shall determine the parties’ respective obligations.
54. CHANGES TO SERVICES
FortuneRealtors may modify, suspend or discontinue parts of the Website or its digital services where reasonably necessary.
This may include:
Removing pages;
Updating features;
Changing forms;
Modifying property information;
Changing communication channels;
Introducing new functionality; or
Discontinuing obsolete features.
Changes will not automatically affect rights already established under a binding Transaction Document.
55. CHANGES TO THESE TERMS
FortuneRealtors may update these Terms from time to time.
Changes may be made to reflect:
Changes in law;
Regulatory requirements;
Business practices;
Website functionality;
Property services;
Security improvements; or
Other legitimate business needs.
The updated version will be published on the Website with a revised “Last Updated” date.
Your continued use of the Website after an update constitutes acceptance of the updated Terms to the extent permitted by law.
However, amendments to an existing property contract will not be effective merely because these Website Terms have been updated. Existing contractual rights will remain governed by the applicable Transaction Documents.
56. SEPARATE PROPERTY AGREEMENTS
These Terms govern general Website use and general dealings with FortuneRealtors.
A specific property transaction may be governed by additional or separate Transaction Documents.
Where there is a conflict between these Terms and a later signed Transaction Document relating specifically to a Property, the specific Transaction Document shall generally govern that transaction to the extent of the inconsistency.
Nothing in these Terms is intended to override a mandatory statutory provision.
57. NO IMPLIED CONTRACT
Browsing the Website, viewing a Property, submitting an enquiry, attending an inspection or communicating with FortuneRealtors does not by itself create a contract for the purchase of a Property.
A binding property transaction arises only when the applicable contractual requirements have been satisfied and the relevant agreement or documentation has been duly accepted or executed.
58. NO ASSIGNMENT BY CUSTOMER WITHOUT CONSENT
Unless expressly permitted by the applicable Transaction Documents or applicable law, a Customer may not assign, transfer, sell, delegate or otherwise dispose of their contractual rights or obligations to another person without FortuneRealtors’ prior written consent.
Any attempted transfer that does not comply with the applicable requirements may be ineffective.
Where a transfer is permitted, FortuneRealtors may require:
Identification of the new party;
Documentation;
Administrative fees where lawful and applicable;
Verification;
Execution of relevant documents; and
Compliance with applicable legal requirements.
59. COMPANY’S RIGHT TO ASSIGN
FortuneRealtors may assign or transfer its rights or obligations under these Terms where permitted by law, including as part of:
Corporate restructuring;
Business reorganisation;
Merger;
Acquisition;
Transfer of a business;
Transfer of relevant assets; or
Other legitimate corporate transaction.
Where applicable law requires notice or consent, FortuneRealtors will comply with such requirements.
60. NOTICES
Where formal notice is required, notices may be delivered through:
Email;
Physical delivery;
Courier;
Registered post;
Other written communication methods agreed by the parties; or
Another method specified in the applicable Transaction Documents.
Customers are responsible for ensuring that their contact information remains accurate.
61. ELECTRONIC COMMUNICATIONS
You agree that FortuneRealtors may communicate with you electronically where permitted by law.
Electronic communications may include:
Emails;
SMS;
Messaging applications;
Online notifications;
Electronic documents; and
Other digital communications.
Electronic records may be used as evidence of communications and transactions, subject to applicable law.
62. RECORDS AND DOCUMENTATION
FortuneRealtors may maintain records relating to:
Enquiries;
Inspections;
Reservations;
Payments;
Transactions;
Communications;
Allocations;
Complaints;
Customer verification; and
Other business activities.
Records may be maintained in electronic or physical form.
Retention shall be subject to applicable legal, contractual, regulatory and business requirements.
63. COMPLAINTS AND CUSTOMER RESOLUTION
Customers who have a complaint should first contact FortuneRealtors so that the matter can be reviewed internally.
A complaint should, where possible, include:
Customer name;
Contact details;
Transaction or property reference;
Nature of the complaint;
Relevant dates;
Supporting documentation; and
Requested resolution.
FortuneRealtors will review complaints in accordance with its internal procedures and applicable law.
Nothing in this section prevents a Customer from exercising any statutory right or remedy available under Nigerian law.
The Federal Competition and Consumer Protection Commission is Nigeria’s principal authority for competition and consumer protection matters under the FCCPA.
64. DISPUTE RESOLUTION
FortuneRealtors encourages customers to attempt to resolve disputes through good-faith communication before commencing formal proceedings.
Where a dispute arises, the parties should first attempt to resolve it through:
Direct discussion;
Formal written complaint;
Management-level review; and
Where appropriate, mediation or another mutually agreed alternative dispute-resolution process.
Nothing in this provision prevents either party from seeking urgent interim or protective relief where such relief is necessary.
65. GOVERNING LAW
These Terms shall be governed by and interpreted in accordance with the laws of the Federal Republic of Nigeria, subject to applicable mandatory statutory provisions.
66. JURISDICTION
Subject to any mandatory statutory jurisdiction, dispute-resolution mechanism or arbitration provision contained in a specific Transaction Document, disputes arising from these Terms shall be subject to the jurisdiction of the competent courts of Nigeria.
Where a specific Transaction Document contains a valid arbitration or alternative dispute-resolution clause, that clause shall govern the relevant transaction to the extent applicable.
67. NO WAIVER
If FortuneRealtors does not immediately enforce a provision of these Terms, that does not mean the Company has waived its right to enforce the provision later.
A waiver must be expressly made by an authorised representative of FortuneRealtors.
68. SEVERABILITY
If any provision of these Terms is determined to be invalid, illegal or unenforceable, the remaining provisions shall continue to apply to the extent permitted by law.
The invalid provision shall, where legally possible, be interpreted or modified to achieve its lawful commercial purpose.
69. ENTIRE AGREEMENT
For general Website use, these Terms together with the Privacy Policy and any other policies expressly incorporated into them constitute the principal terms governing your use of the Website.
For a specific Property transaction, these Terms shall be read together with the applicable Transaction Documents.
The specific Transaction Documents will govern the transaction where they expressly address the relevant matter.
70. NO THIRD-PARTY RIGHTS
Unless expressly provided otherwise or required by law, a person who is not a party to an agreement governed by these Terms shall not have the right to enforce its provisions.
71. SURVIVAL
Any provision which by its nature should continue after termination or completion of a relationship shall survive termination.
This may include provisions concerning:
Intellectual property;
Confidentiality;
Outstanding payment obligations;
Liability;
Indemnification;
Dispute resolution;
Governing law;
Records; and
Other continuing obligations.
72. CONFIDENTIALITY
Customers must not disclose confidential information received from FortuneRealtors except:
Where required by law;
To professional advisers who are subject to confidentiality obligations;
With FortuneRealtors’ consent; or
Where the information is already lawfully publicly available.
Confidential information may include non-public:
Commercial information;
Pricing arrangements;
Internal documents;
Business strategies;
Transaction information;
Technical information; and
Other information reasonably understood to be confidential.
73. FRAUDULENT REPRESENTATION AND DOCUMENTS
Any person who knowingly submits, creates, alters or uses fraudulent documents in connection with FortuneRealtors may have their transaction suspended or terminated, subject to applicable law.
FortuneRealtors may take appropriate legal action where fraud is suspected.
This may include reporting suspected fraudulent conduct to appropriate authorities.
74. CUSTOMER IDENTIFICATION AND AUTHORITY
Where a Customer purchases property jointly, through a company, trust, partnership or another legal structure, FortuneRealtors may require evidence establishing:
Identity;
Authority;
Beneficial ownership;
Corporate status;
Signing authority; and
Other relevant information.
The Company may refuse to complete a transaction until satisfactory documentation has been provided.
75. DEATH, INCAPACITY OR SUCCESSION
Where a Customer dies or becomes legally incapacitated during an ongoing transaction, FortuneRealtors may require appropriate legal documentation before dealing with another person in relation to the Customer’s interest.
Such documentation may include:
Probate;
Letters of Administration;
Court orders;
Grant of representation;
Power of attorney where legally valid; or
Other appropriate evidence.
FortuneRealtors will not knowingly transfer or release property interests to a person without appropriate authority.
76. TAXES, FEES AND GOVERNMENT CHARGES
Customers are responsible for taxes, duties, registration costs, professional fees and other charges that are legally payable by the Customer in connection with a transaction, except where the applicable Transaction Documents expressly provide otherwise.
Customers should obtain independent tax advice where necessary.
FortuneRealtors does not provide tax advice unless expressly engaged to do so.
77. FINANCING
Unless expressly agreed in writing, FortuneRealtors does not guarantee that a Customer will obtain financing from a bank, mortgage provider or other financial institution.
A Customer’s inability to obtain financing does not automatically cancel a binding transaction or create a right to a refund.
The consequences of financing failure shall be determined by the applicable Transaction Documents and applicable law.
78. CUSTOMER INSPECTION OF DOCUMENTS
Customers are encouraged to review all relevant documentation before committing to a transaction.
Where a Customer has been given an opportunity to inspect documents and chooses to proceed without obtaining independent professional advice, that decision remains the Customer’s responsibility.
Nothing in this provision limits any legal duty or liability that FortuneRealtors cannot lawfully exclude.
79. ACCURACY OF CUSTOMER INFORMATION
FortuneRealtors may rely on information supplied by a Customer unless the Company knows or reasonably ought to know that the information is inaccurate.
Customers must promptly notify FortuneRealtors of material changes to:
Name;
Address;
Telephone number;
Email address;
Identification information;
Payment details; or
Other information relevant to the transaction.
80. SECURITY AND SITE ACCESS
Customers visiting development sites must comply with all reasonable safety instructions.
FortuneRealtors may restrict access to:
Construction zones;
Restricted areas;
Unsafe areas;
Private property;
Areas containing machinery;
Areas under development; or
Other areas where access could create a safety or security risk.
Customers must not enter restricted areas without authorisation.
81. PHOTOGRAPHS AND RECORDING AT SITES
Photography, video recording, drone operations or other recording at a FortuneRealtors property or development site may be restricted where reasonably necessary for:
Security;
Privacy;
Safety;
Construction operations;
Intellectual property protection; or
Other legitimate reasons.
Customers must comply with site-specific instructions.
82. WEBSITE SECURITY AND UNAUTHORISED ACCESS
You must not attempt to:
Access restricted sections of the Website;
Obtain another person’s account information;
Circumvent access controls;
Intercept communications;
Introduce malicious software;
Test vulnerabilities without permission; or
Interfere with our systems.
Any suspected unauthorised access may be investigated and, where appropriate, reported to law enforcement or other competent authorities.
83. PRIVACY POLICY INCORPORATION
Our Privacy Policy forms an important part of our relationship with users of the Website.
It explains how FortuneRealtors handles personal data and should be read together with these Terms.
Nothing in these Terms permits FortuneRealtors to process personal data in a manner inconsistent with applicable data protection law.
84. CONTACT INFORMATION
For questions regarding these Terms, property transactions or Company services, please contact:
FortuneRealtors & Property Ltd
Office Address:
No. 14, Maj Gen Omali Block,
Acada Arcade Shopping Complex,
Nigerian Army Post Service Estate,
Ojo, Lagos, Nigeria.
Telephone:
+234 916 000 7472
+234 916 000 7473
Email:
info@fortunerealtors.com
85. ACKNOWLEDGEMENT
By using the FortuneRealtors Website, submitting an enquiry, booking an inspection or otherwise engaging with FortuneRealtors, you acknowledge that:
You have had the opportunity to read these Terms;
You understand that Website information may be updated;
You understand that property availability and prices may change;
You understand that a property enquiry does not constitute a sale;
You understand that a reservation does not necessarily constitute allocation;
You understand that payment alone does not necessarily constitute allocation or completion of title;
You understand that specific Property transactions may be governed by separate Transaction Documents;
You understand the importance of reviewing the relevant documentation;
You understand that independent professional advice may be appropriate;
You agree to provide accurate information;
You agree to comply with applicable laws and estate rules; and
You agree to be bound by these Terms to the extent permitted by law.
86. EFFECTIVE DATE
These Terms of Service are effective from [Insert Effective Date] and were last updated on [Insert Last Updated Date].
FORTUNEREALTORS & PROPERTY LTD
No. 14, Maj Gen Omali Block, Acada Arcade Shopping Complex, Nigerian Army Post Service Estate, Ojo, Lagos, Nigeria.
Tel: +234 916 000 7472 | +234 916 000 7473
Email: info@fortunerealtors.com