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West Ham had a loan deal agreed with Nice earlier this summer for Jean-Clair Todibo with an option to buy.
However, the centre-back was believed to be waiting for Juventus.
The Italian side has been unable to reach an agreement with Nice.
Manchester United was also keen but cannot trade with INEOS-owned Nice.
Todibo is set to undergo a medical after travelling to London on Friday, and his personal terms are not expected to be a problem.
It is understood that West Ham's technical director, Tim Steidten, held lengthy talks with Todibo in the last 24 hours and convinced him to join.
Juventus remains interested in Todibo and is still trying to make a deal, but weeks of talks between Juventus and Nice have failed to find an agreement.
West Ham had an agreement earlier this summer for a loan with an option to buy Todibo for €32m (£27m).
However, it was thought then that the player was waiting for Juventus.
Todibo has three years left on his contract with Nice.
West Ham is in the market to sign a centre-back and is due to take a medical ahead of a move to a UAE club.
INEOS, which has a minority stake in the UAE club as well as owning Nice, had targeted a move for the 24-year-old, but it is not possible.
The two clubs agreed not to transfer players between each other to ensure they can both play in the same UEFA competition.
The Premier League has brought forward Deadline Day to link up with the other major leagues in Europe.
The closing dates were set following discussions with the leagues in England, Germany, Italy, Spain, and France.