Welcome to our website - we appreciate your interest in us and hope you find our site easy to use and informative.

Legal & Privacy Statement

Collecting and Using Personal Information

When you visit and navigate our site and when you communicate with us via our site, we will not collect personal information about you unless you provide us that information voluntarily.

Any information that you do register with us will be stored securely and will only be used to deliver information to you based on your requirements.

Financial Information

Credit card details are not stored, and will be destroyed. No financial information is passed to any third party without your consent.

Refund/Cancellation Policies

Tenant processing fees are refundable if a tenancy does not go ahead as a result of a Landlord changing his mind (after suitable references have been obtained based on the information supplied by the tenant). All other fees for services are non refundable once the service has been satisfactorily provided.

Other Information - "Cookies"

You should also be aware that when you visit our website we collect certain information that does not identify you personally, but provides us with “usage data,” such as the number of visitors we receive or what pages are visited most often.

Like many other web sites, we use “cookie” technology. A “cookie” is an element of data that a web site can send to your browser. It is not a computer program and has no ability to read data on your computer or instruct your computer to perform a function. A “cookie” is only used so that the web site can recognise repeat users, track usage patterns and better serve you when you return to the site. Most browsers provide a simple procedure that will enable you to control whether you want to receive cookies or not.

Linking to Other Sites

Our web site provides links to other web sites, not owned or controlled by us, that we think might be useful or of interest to you. We cannot, however, be responsible for the privacy practices used by other web sites or their content or accuracy.

Property Information

All measurements, areas and distances mentioned are approximate and are issued as a guide only. If such details are fundamental to a purchase, purchasers must rely on their own enquiries. Nothing in these particulars should be seen as a statement that the property or any fixture described or shown is in good condition or otherwise. Purchasers must satisfy themselves as to the condition of any property or item included within the sale. None of the appliances or services mentioned in these particulars have been tested and no warrranty is given or implied. If reference is made either to alterations to the property or a change of use, no warranty is given by us or the Vendors/Lessors that any planning or other consents or Building Regulations approval has been obtained. Where references are made to potential uses (subject to planning) this information is given in good faith although purchasers must take their own enquiries to the relevant authorities. Most importantly if there is any particular aspect of the property about which you would like further information, we invite you to discuss this with us before you travel to view the property.

Indemnity

Indemnity You acknowledge that you are solely responsible for the use to which you put this website and all information you obtain from it. All warranties, conditions, representations and terms are hereby excluded to the fullest extent permitted by law. We and all contributors to this website hereby disclaim to the fullest extent permitted by law all liability for any loss or damage including any consequential or indirect loss or damage incurred by you, whether arising in tort, contract or otherwise, and arising out of or in relation to or in connection with your access to, or use of, or inability to use this website

Copyright

The copyright of text and images on this website belongs to us. You may not make a permanent copy of or reproduce this web site in any form. You may not reproduce or incorporate this web site into any other website. You may only print, display or download temporary copies of the content to your computer for your own personal non-commercial use. You may not link to this site or frame it without the express consent from us.

Governing Law

These Terms & Conditions and your use of this website are governed exclusively by legal system law.

Terms and Conditons of Business

1.       GENERAL

We are required as members of the Jersey Estate Agents’ Association to give sellers written details of the fees which will be incurred and explain how such payments will be calculated and when they become due. These details are clearly set out in this agreement. We will commence marketing on receipt of the written confirmation of your acceptance of our terms by signing this agreement. In the event we have provided you with written terms of business and where you allow us to commence viewing appointments, you will have been deemed to have accepted our terms of business and liability for commission agreed at the rate agreed in our engagement letter.

2.       JERSEY ESTATE AGENTS’ ASSOCIATION

Quemard Properties is a member of the Jersey Estate Agents’ Association (JEAA) and adheres to the JEAA Estate Agency Code of Practice.

3.       SOLE AGENCY

Where we are appointed as your Sole Agent this agreement will be effective from the date signed until brought to an end. You may bring this Sole Agency agreement to an end by giving not less than 30 days’ notice in writing. You agree not to appoint another agent during this period as doing so may result in your liability for more than one fee. You will be liable to pay our fees in addition to any other costs agreed if at any time the buyer is introduced by us, by another agent or by you whilst this agreement remains in force and your property is sold (whether by way of sale before the court or by share transfer). Our fees remain payable after this agreement has ended if at any time a buyer with whom we had negotiations purchases your property (whether by way of sale before the Royal Court or by share transfer) within 6 months of the date of termination. The seller confirms that no-one else is currently interested in the subject property or negotiating to buy it. During our sole agency period our fee will be 1.5% of the final contract price otherwise agreed in writing. Upon the termination of a Sole Agency agreement under this clause, it may be agreed that our services will be engaged on a Multiple Agency basis under Clause 4 of these Terms of Business, the seller will be deemed to have accepted our Terms and Conditions of Business under Clause 4 where the seller’s conduct is consistent with that under a Multi-Agency agreement; such conduct including but not limited to the following:

(a)     continuing to engage our marketing services with a view to selling the property on behalf of the seller; and/or

(b)     continuing to permit us access to the property with potential purchasers with a view to selling the property on behalf of the seller.

4.       MULTI-AGENCY

Multi-Agency is when one or more other estate agents are marketing, showing or arranging appointments for prospective buyers to view your property. You will be liable to pay our fees in addition to any other costs agreed if at any time the buyer is introduced by us or by you whilst the agreement remains in force and your property is sold (whether by way of sale before the Royal Court or by share transfer). Our fees remain payable after this agreement has ended if at any time a buyer with whom we had negotiations purchasers your property (whether by way of sale before the Royal Court or by share transfer) within 6 months of the date of termination. During our multi-agency period our fee will be 2% of the final contract price otherwise agreed in writing. We require not less than 30 days’ notice to terminate this Multi-Agency agreement any time after the minimum term agreed. Upon the termination of a Multi-Agency agreement under this clause, it may be agreed that our services will be engaged on a Sole Agency basis under Clause 3 of these Terms and Conditions of Business, the seller will be deemed to have accepted our Terms and Conditions of Business under Clause 3 for Sole Agency where the seller’s conduct is consistent with that under a Sole Agency agreement; such conduct including but not limited to the following:

(a)     engaging solely our marketing services with a view to selling the property on behalf of the seller; and/or

(b)     permitting solely our access to the property with potential purchasers with a view to selling the property on behalf of the seller.

5.       SERVICE

Our fees are inclusive and you will not incur additional costs without your written agreement. We may offer services to prospective buyers relating to the purchase of the property. Services include mortgage advice, insurance, letting and property sales from which a fee may be earned. We will tell you should a buyer request any such services.

6.       OFFERS

We will submit all offers received on your property to you as soon as possible. We will telephone you with such offers and will follow with written confirmation. When an offer is accepted, we are obliged to seek confirmation of further marketing instructions. You must tell us whether you agree to withdraw the property from the market whilst the sale is proceeding or whether you wish for it to remain fully available. We must advise the prospective buyer of your instructions.

7.       PAYMENT OF ACCOUNTS

Our fees become due upon unconditional exchange of contracts, payable on completion from proceeds of sale. The vendor agrees to give their solicitors irrevocable instructions to pay these fees upon completion. Should payment not be received within 14 days, interest will be charged at the current court rate. In the event we find it necessary to recover unpaid fees, we will seek to recover any costs incurred.

8.       SALE BOARD

Unless instructed to the contrary, Quemard Properties is hereby authorised to erect a board at the property. It is the vendor’s responsibility to advise of any restriction in the display of boards at the property and we ask that you notify us in writing or via email accordingly.

9.       PERSONAL INTEREST

We will tell you if at any time we are aware of any personal interest or connection between any employee/contractor of Quemard Properties and any buyer. If you have any connection with any staff at Quemard Properties please let us know in order that we can make a declaration of personal interest.

10.   SALES DETAILS

We ensure that all information supplied about your property is accurate and in no way misleading to potential purchasers. We will ask you to confirm that everything in the sales particulars is correct to the best of your knowledge and belief. It is essential that you inform us immediately if the sales details are incorrect or if any changes take place later which may require these details to be amended. We are unable to send details to prospective buyers until such time as details are approved.

11.   DOCUMENTATION

Quemard Properties is registered with the Jersey Financial Services Commission and complies with anti-money laundering and countering financial terrorism (AML/CFT) regulations set down by the Commission. As part of the regulations, we now require proof of your identification by way of a photocopy of your passport along with a copy of a current (within the past 3 months) utility bill confirming your address to be provided to us upon the successful completed sale of your property.

12.   DATA PROTECTION

Quemard Properties is registered with the Jersey Data Commissioner as it is required by virtue of its registration with the Jersey Financial Services Commission (JFSC) to obtain and retain personal information for compliance with AML/CFT regulations. Quemard Properties will only hold such data for as long as is necessary to comply with JFSC regulations. Quemard Properties will, on request, provide to individual clients copies of any personal data held on presentation of satisfactory ID. Quemard Properties will take all necessary steps to ensure that any personal data it obtains is held securely.

13.   CONFIRMATION ACCEPTANCE & VARIATION

If you require any further information or you would like an explanation about anything then do not hesitate to contact us. By signing this, you are entering into a binding legal agreement. You should seek independent legal advice if there is anything which you do not understand. Please sign and date the engagement letter overleaf and return it to us, confirming that you have read and understand our Terms and Conditions of Business. In the event that we have not received the signed Terms and Conditions of Business you will be deemed to have accepted them as soon as you allow us to commence marketing in accordance with these Terms and Conditions of Business and you will be bound by them unless you advise us in writing to the contrary. For the avoidance of doubt, no variation to these Terms and Conditions of Business shall be effective under any circumstances unless amended in writing and signed by you and countersigned by one of our managers.