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Lesson 1: Talking terms before sending documents

About 10 minutes

In much of U.S. business, sending a draft contract early is a sign of efficiency. In many Nigerian business settings, trust is personal and built over time. A long contract that arrives before the main terms have been discussed can feel cold, or even like a signal that you do not trust the partner.

The fix is simple. Talk through the key terms first, then send the document as a written record of what you already discussed.

Why it matters

When a partner sees terms for the first time in a formal document, every unfamiliar clause can look like a demand. When they have already heard the terms in conversation, the document confirms an agreement instead of opening a dispute.

A good sequence:

  • Call first. Use a phone or video call to walk through the main points: scope, price, delivery, payment and how you will handle problems.

  • Listen for indirect signals. "No problem, we will see" may mean there is a concern. Ask open questions such as "Which of these points would you like us to look at together?"

  • Send a written recap. Summarize what you discussed in a short email the same day.

  • Send the document with a cover note. Explain each key term in plain English. Avoid legal jargon in the cover note, even if the contract itself needs it.

  • Invite questions. Offer a call to walk through the document.

Find out who decides. Final approval often sits with a senior person who may not attend early calls. Ask early who will review the contract, and allow time for that review.

Example: a contract cover note.

Dear Engr. Okafor,

Thank you for your time on Tuesday's call. As promised,

I attach the draft distribution agreement.

In plain terms, the main points are:

1\. Territory: Lagos and Ogun States.

2\. Pricing: as in our quote of 12 March, fixed for 12 months.

3\. Payment: letter of credit for the first order, as we discussed.

4\. Disputes: either side raises a concern in writing, and we meet by video within two weeks to resolve it.

Please share it with anyone on your team who will review it.

I would be glad to walk through any clause on a call.

Kind regards,

Sarah Mitchell

**Say it this way:** "Before I send the draft, may I walk you through the main points so there are no surprises?" This shows respect for your partner's time and judgment.

Note: write dates with the month in words, such as 12 March, to avoid confusion between day/month and month/day formats.

From DealDialect (dealdialect.com) by Ayomide Adeyeye, licensed CC BY 4.0.