Terms of Service

Please read these terms carefully. They outline operational frameworks, commission structures, and legal obligations for users and clients.

Effective Date: 1 June 2026

1. INTRODUCTION

Welcome to Gemak Realty ("Gemak Realty", "we", "our", or "us").

These Terms of Service ("Terms") govern your access to and use of our services, website, platforms, communications, and business engagements.

By accessing our services, submitting information, engaging in any transaction, or entering discussions facilitated by Gemak Realty, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. DEFINITIONS

For the purpose of these Terms:

"Gemak Realty"means Gemak Realty Limited, its affiliates, representatives, agents, employees, and authorized partners.

"Services"means all real estate-related services offered by Gemak Realty, including but not limited to property marketing, property sourcing, investment advisory, transaction facilitation, joint venture coordination, mandate representation, and consulting services.

"Client", "User", or "Customer"means any individual, company, institution, investor, developer, landowner, or representative utilizing our Services.

“Transaction”means any property acquisition, sale, lease, rental, investment arrangement, development agreement, Joint Venture (JV), or other real estate activity facilitated through Gemak Realty.

"Confidential Information"means all non-public information exchanged during negotiations, introductions, inspections, transactions, or business engagements.

"Rent"means any arrangement whereby a property owner grants temporary occupancy or use of a residential, commercial, industrial, or mixed-use property in exchange for payment.

"Sale"means the transfer of ownership, title, or interest in a property from a seller to a buyer for an agreed consideration.

"Lease"means a contractual agreement granting a tenant or lessee the right to occupy or use a property for a specified period in exchange for agreed payments and subject to agreed terms.

"Commercial Property"means any property intended for business, retail, office, industrial, hospitality, warehouse, mixed-use, or other income-generating purposes.

"Short-Let"means the temporary rental of a furnished property for a short duration, including daily, weekly, monthly, vacation, corporate, or serviced accommodation arrangements.

"Property"means any land, building, apartment, house, office, commercial premises, warehouse, industrial facility, development site, or real estate asset offered for sale, lease, rent, short-let, investment, or joint venture purposes through Gemak Realty.

"Joint Venture (JV)"means a business arrangement between two or more parties who collaborate to acquire, finance, develop, manage, or commercialize a Property or real estate project, sharing responsibilities, risks, and benefits in accordance with their agreed terms.

3. SCOPE OF SERVICES

Gemak Realty provides professional real estate facilitation, marketing, and advisory services, including but not limited to:

Property sales and acquisitions

Residential and commercial property leasing

Property rentals and tenancy facilitation

Short-let and serviced accommodation marketing

Property marketing and promotion

Property sourcing and acquisition support

Real estate investment advisory

Joint Venture (JV) facilitation and coordination

Developer and landowner introductions

Investment opportunity sourcing

Transaction coordination and negotiation support

Real estate consulting services

Mandate representation

Commercial real estate advisory

Land acquisition and development advisory

Unless expressly agreed in writing, Gemak Realty:

Is not a government land registry authority.
Does not provide legal, tax, engineering, architectural, valuation, surveying, or financial advisory services.
Does not guarantee title authenticity beyond information provided by property owners, developers, government records, or relevant professionals.
Does not guarantee the completion, profitability, or success of any investment, development project, rental arrangement, lease transaction, short-let arrangement, or joint venture.
Is not responsible for construction, project execution, property management, or operational activities unless expressly stated in a separate written agreement.

Clients are advised to conduct independent due diligence and obtain professional legal, financial, valuation, surveying, and technical advice before entering into any transaction.

4. ACCEPTANCE OF TERMS

By using our Services, you represent and warrant that:

You are at least 18 years old.
You possess the legal authority to enter into binding agreements.
Information supplied to Gemak Realty is accurate and complete.
You will comply with all applicable laws and regulations.

5. CLIENT RESPONSIBILITIES

Clients agree to:

Provide accurate information and documentation.
Conduct their own due diligence.
Cooperate during transaction processes.
Respect confidentiality obligations.
Avoid misrepresentation or fraudulent conduct.

Clients shall not:

Circumvent Gemak Realty after introductions have been made.
Engage in unauthorized direct dealings intended to avoid agreed commissions or facilitation fees.
Use information obtained through Gemak Realty for unlawful purposes.

6. JOINT VENTURE (JV) TRANSACTIONS

Where Gemak Realty facilitates Joint Venture opportunities:

Gemak Realty acts solely as a facilitator and coordinator unless otherwise agreed in writing.
Final negotiations remain the responsibility of participating parties.
All JV terms must be independently reviewed by legal representatives of the parties involved.
Gemak Realty does not guarantee project success, approvals, profitability, or development outcomes.
Parties acknowledge that real estate developments involve commercial risks.

7. COMMISSIONS AND FEES

Clients agree that:

Facilitation fees, commissions, retainers, advisory fees, and success fees may apply.
Applicable fees shall be communicated in writing before transaction completion.
Fees become payable immediately upon successful transaction closure unless otherwise agreed.
Failure to pay agreed fees may result in legal recovery proceedings.

Gemak Realty reserves the right to suspend services where outstanding obligations remain unpaid.

Gemak Realty's entitlement to fees applies whether transactions are completed directly or indirectly following introduction.

8. NON-CIRCUMVENTION

Where Gemak Realty introduces parties to a transaction, all introduced parties agree not to bypass, exclude, or circumvent Gemak Realty for the purpose of avoiding commissions, facilitation fees, or contractual obligations.

This obligation shall survive the termination of the relationship and remain enforceable for twenty-four (24) months following introduction unless otherwise agreed.

8.1 MANDATE PROTECTION AND COMMISSION PROTECTION

Where Gemak Realty introduces, connects, sources, presents, or facilitates contact between any parties in relation to a Property or Transaction, all parties acknowledge and agree that Gemak Realty is the originating facilitator of such introduction.

No party shall directly or indirectly bypass, exclude, replace, undermine, or otherwise attempt to avoid Gemak Realty for the purpose of reducing, withholding, or avoiding any commission, facilitation fee, advisory fee, success fee, brokerage fee, referral fee, mandate fee, or other compensation due to Gemak Realty.

Where a Transaction is completed with any party introduced by Gemak Realty, whether directly or indirectly, during the introduction period or within twenty-four (24) months thereafter, Gemak Realty shall remain entitled to its agreed fees and commissions.

Any attempt to circumvent Gemak Realty shall constitute a material breach of these Terms and may result in legal action, recovery of unpaid commissions, damages, legal costs, and any other remedies available under applicable law.

For the avoidance of doubt, this protection shall apply to property sales, acquisitions, leases, rentals, short-let arrangements, commercial transactions, investment transactions, development agreements, and Joint Venture transactions.

8.2 NO PARTNERSHIP OR AGENCY

Nothing in these Terms shall be construed to create a partnership, joint venture partnership, agency relationship, fiduciary relationship, or employment relationship between Gemak Realty and any Client, Investor, Developer, Landowner, or third party.

All parties operate as independent entities, and no party has authority to bind, represent, or commit Gemak Realty in any manner unless expressly authorized in writing.

9. CONFIDENTIALITY

All parties agree to maintain strict confidentiality regarding:

Transaction details
Property information
Investor information
Landowner information
Commercial terms
Business strategies
Financial information

Confidential information shall not be disclosed without prior written consent except where disclosure is required by law.

10. PROPERTY INFORMATION DISCLAIMER

Property descriptions, pricing, title information, dimensions, approvals, and related details are provided based on information supplied by property owners, developers, mandates, and third parties.

While reasonable efforts are made to verify information, Gemak Realty does not warrant that such information is complete, current, or error-free.

Clients are responsible for conducting independent verification before making decisions.

11. LIMITATION OF LIABILITY

To the fullest extent permitted by law, Gemak Realty shall not be liable for:

Loss of profits
Business interruption
Investment losses
Delayed transactions
Project failures
Regulatory approvals
Third-party misconduct
Title defects unknown to Gemak Realty

Our total liability arising from any claim shall not exceed the fees actually received by Gemak Realty in connection with the relevant transaction.

12. INDEMNIFICATION

Clients agree to indemnify and hold harmless Gemak Realty, its officers, employees, agents, and representatives against any claims, damages, liabilities, losses, costs, or expenses arising from:

Breach of these Terms
False information supplied by the client
Misrepresentation
Unlawful conduct
Third-party disputes related to transactions

13. INTELLECTUAL PROPERTY

All Gemak Realty branding, logos, marketing materials, publications, databases, content, and proprietary information remain the exclusive property of Gemak Realty.

Unauthorized reproduction, distribution, or commercial use is prohibited without prior written consent.

14. TERMINATION

Gemak Realty reserves the right to suspend or terminate access to its Services where:

These Terms are violated.
Fraudulent activity is suspected.
Required information is withheld.
Legal or regulatory concerns arise.

Termination shall not affect accrued rights, fees, or obligations.

15. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.

16. DISPUTE RESOLUTION

Parties shall first attempt to resolve disputes amicably through negotiation.

Where resolution cannot be achieved, disputes shall be submitted to mediation before commencing litigation.

The courts of Lagos State, Nigeria shall have exclusive jurisdiction over disputes arising under these Terms.

Nothing in these Terms shall prevent Gemak Realty from seeking injunctive relief, commission recovery, or other equitable remedies in a court of competent jurisdiction where necessary to protect its business interests, confidential information, mandates, commissions, or contractual rights.

17. CHANGES TO THESE TERMS

Gemak Realty reserves the right to modify these Terms at any time.

Updated versions shall become effective immediately upon publication or notification.

Continued use of our Services constitutes acceptance of the revised Terms.

18. CONTACT INFORMATION

For questions regarding these Terms of Service, please contact us using the details above.

Gemak Realty

Email: info@gemakrealty.com

Phone: +2349152174770

Website: www.gemakrealty.com

Address:

Block A, Jesus Is Lord Hostel,

Harmony Estate,

FUNAAB,

Abeokuta, Ogun State,

Nigeria