Terms and conditions

Important

These terms and conditions (“Terms”) govern your access to and use of the website and services operated by Finlay Real Estate (“Finlay”, “we”, “us”, “our”). By using our site or services, you agree to these Terms. If you do not agree, please do not use the platform. Finlay may update these Terms from time to time; the “Last updated” date below will change when we do.

Separate terms apply to agents, developers, and delegates who submit or manage listings on the platform. Where there is a conflict between these Terms and a specific agreement or listing terms, the more specific document usually applies to that relationship.

1. The service

Finlay provides an online real estate marketplace focused on Kenya. We display property and related information supplied by sellers, landlords, agents, developers, and other users. We may add, change, or withdraw features, and we do not guarantee uninterrupted or error-free operation.

2. Listings, accuracy, and your own checks

Property listings and other content on the platform are provided for general information and marketing. They are not offers capable of acceptance on the website and may be incomplete, outdated, or contain errors. You must verify material facts—including legal title, encumbrances, physical condition, planning status, measurements, tenure, taxes, and price—directly with the relevant party and your own professional advisers before you rely on them or enter any transaction.

Finlay does not own the properties shown unless expressly stated. We are not a party to any sale, lease, or other deal between users unless we have agreed otherwise in writing.

3. No warranty; limitation of liability

To the fullest extent permitted by applicable law, the platform and all content are provided “as is” and “as available” without warranties of any kind, whether express or implied (including implied warranties of merchantability, fitness for a particular purpose, or non-infringement). Finlay does not warrant that listings are accurate, lawful, or that any property remains available.

To the fullest extent permitted by law, Finlay and its directors, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive loss or damage (including loss of profit, data, or goodwill) arising from your use of the platform or reliance on any listing or content, even if we have been advised of the possibility of such loss.

Where liability cannot be excluded, Finlay’s total aggregate liability arising out of or relating to these Terms or your use of the platform in any twelve (12) month period is limited to the greater of: (a) the amount you paid to Finlay for use of the platform in that period, or (b) a nominal sum where no fees applied—except where the law requires otherwise.

4. Enquiries on listings and Finlay access

Where an enquiry is submitted on a listing operated by an independent agent, developer, or their delegate on the marketplace, that party is expected to respond to the enquirer in good time. If such an enquiry receives no meaningful response from the listing party for thirty (30) days and remains effectively unanswered, Finlay staff and superadmin may access the enquiry record within Finlay’s systems, view the enquirer’s contact details, and take reasonable steps to progress or close out the lead in line with operational policies.

“Access” in this section means administrative and technical access through Finlay’s platform, tools, and authorised staff accounts under these Terms—not physical entry to any real property. This clause does not reduce any lister’s obligation to hold lawful authority to market a property or to comply with applicable law.

5. Acceptable use

You agree not to misuse the platform: for example, no unlawful, fraudulent, or harassing activity; no scraping or automated harvesting that harms performance or breaches our rules; no introduction of malware; no impersonation; and no posting of false, misleading, or infringing content. Finlay may suspend access, remove content, or cooperate with authorities where appropriate.

6. Intellectual property

Finlay’s branding, software, and original site materials are protected by intellectual property laws. You may not copy, modify, or exploit them without our consent except as allowed by law. You retain rights in content you submit but grant Finlay a licence to host, display, and use that content to operate and promote the marketplace.

7. Indemnity

To the extent permitted by law, you agree to indemnify and hold harmless Finlay and its affiliates from claims, losses, and reasonable costs (including legal fees) arising from your breach of these Terms, your content, or your misuse of the platform—except to the extent caused by Finlay’s wilful misconduct or gross negligence.

8. Links and third parties

The platform may link to third-party sites or services. Finlay is not responsible for their content, policies, or practices. Your dealings with third parties are solely between you and them.

9. Privacy

Our collection and use of personal data is described in our privacy policy, which forms part of your understanding of how we operate.

10. Governing law and disputes

These Terms are governed by the laws of the Republic of Kenya, subject to mandatory consumer protections where they apply. Courts in Kenya shall have non-exclusive jurisdiction over disputes, unless a different mandatory forum applies to you.

11. Contact

Questions about these Terms may be directed to Finlay using the contact details published on our website (including customercare@finlay.co.ke).

Last updated: 2026-04-08.