Terms and Conditons of Business
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.
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.
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.
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.
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.