Important
This document sets out the contractual terms between you (“you”, an agent, developer, or delegate lister) and Finlay Real Estate (“Finlay”, “we”, “us”) governing your use of our marketplace to submit, manage, and promote property listings. It is not legal advice; you should obtain independent advice where appropriate.
1. The platform
Finlay operates an online real estate marketplace focused on Kenya. We provide tools for agents and developers to publish listing information, subject to these terms, our general website terms where they apply, and our operational policies.
Finlay does not guarantee sales, lettings, or investment outcomes. You are responsible for the accuracy of your listings and for compliance with applicable law (including agency, advertising, data protection, and anti-money-laundering requirements where they apply to you).
2. Verification before listings go live
All properties submitted through the platform must be reviewed and verified by Finlay (or its authorised staff) before they may appear on the public website or in consumer-facing search results. Until verification is complete, listings may remain in draft or non-public states.
Finlay may refuse verification, request changes, suspend, or remove any listing that appears incomplete, misleading, non-compliant, or harmful to users or the marketplace. Verification does not constitute a warranty of title, condition, price, or legal suitability of any property.
3. Enquiries (leads) and Finlay access
When someone submits an enquiry on your listing, you are expected to respond in good time. If an enquiry remains without a meaningful response from you for a continuous period of thirty (30) days—meaning the lead is still effectively unanswered from your side—Finlay staff and superadmin may access that enquiry within the platform, view the enquirer’s contact details, and take reasonable operational steps (such as contacting the enquirer or you, or updating workflow status) to protect user experience and marketplace integrity.
“Access” in this context means administrative and technical access through Finlay’s own systems and authorised staff accounts under these terms, not physical access to real property. Nothing in this section reduces your obligations to obtain lawful rights to market any property or to comply with applicable data-protection and agency rules.
4. Your representations
You represent that you have authority to market each property you submit, that your content does not infringe third-party rights, and that you will cooperate with Finlay’s reasonable verification and moderation requests.
5. Licence to Finlay
You grant Finlay a non-exclusive, royalty-free licence to host, display, reproduce, and distribute listing content (including text, images, and metadata) for the purpose of operating, promoting, and improving the marketplace.
6. Fees and changes
Finlay may introduce or change fees, feature tiers, or eligibility criteria with reasonable notice. Continued use after notice constitutes acceptance where permitted by law.
7. Limitation of liability
To the fullest extent permitted by law, Finlay is not liable for indirect or consequential loss arising from your use of the platform or reliance on listing information. Finlay’s aggregate liability arising from these listing terms is limited to the greater of amounts you paid to Finlay in the twelve (12) months preceding the claim or a nominal amount where no fees applied, except where liability cannot be limited by law.
8. Suspension and termination
Finlay may suspend or terminate your access or remove listings for breach of these terms, legal risk, or operational necessity. You may stop using the platform at any time; certain provisions survive termination.
9. Contact
Questions about these terms may be directed to Finlay using the contact details published on our website.
Last updated: 2026-04-08.
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