LOCAL INFORMATION
11.1.35
Estate agents, rules
Extent: Jersey
Updated 14 March 2017
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Words you may need to know
Statutory law - law made by the State or Government
Negotiation / negotiable - reaching agreement
Obligation - duty or need
Individuals - a specific person
Comply with - obey
Expelled - asked to leave, struck off
Vendor - the person selling
Purchaser - the person buying
Instruction - this is when you ask the Agent to sell your property and you enter into a contract with them to do so
Using an estate agent
Jersey has no statutory law on how estate agencies operate, unlike the UK where the Estate Agents Act 1979 gives legal protection and puts responsibilities on them. If you have a problems with an estate agent it must be solved through negotiation or by legal means.
In order to avoid such problems, estate agents in Jersey may belong to either or both of the following organisations:-
The Jersey Estate Agents Association
The National Association of Estate Agents
There is no obligation for an estate agent to belong to either organisation, but members that do have to comply with Rules of Conduct, and Codes of Practice.
The Jersey Estate Agents Association
Website: www.jeaa.co.uk
President
John Quemard
Membership of this association is open to estate agents' firms, rather than individuals. The following firms are currently members: -
Bridle Estates
Wilsons
Quemard Properties
Gaudin & Company
Crespel Properties
Savills
Choice Properties
Moore Properties
H W Maillard & Son
Uniquely Houses and Flats
Indigo Estates
WD Estates
There is a code of conduct and Rules of the Association which must be complied with.
If you have a complaint about a member firm, the Association can be asked to step in. A Council meeting is held to address the complaint. A member could be expelled from the Association, or required to try to put matters right.
The National Association of Estate Agents
Arbon House
6 Tounament Court, Edgehill Drive,
Warwick
CV34 6LG
Telephone 01926 496800 E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it. Website : www.naea.co.uk
Membership of this Association is available to suitably experienced and qualified individuals, rather than firms. There is, however, a responsibility for members' employees and co-directors to abide also by the Rules of conduct, and Code of Practice.
Using an estate agent
Accepting instruction
The Jersey Estate Agents Association requires its members to confirm their understanding of the instruction in writing to the client vendor or client purchaser. This will include the rate of fees or commission to be charged, and it is a legal contract. Fees are negotiable.
When has the estate agent 'introduced' the purchaser
Problems can arise when a seller finds someone who wants to buy their property through a personal approach or contact, e.g. neighbour or relative, who knows the property is for sale when the person interested in buying has already received details of the property from an estate agent.
If the estate agent is the 'sole agent' their contract with the property owner requires that the owner or other agents cannot sell or let the property privately without having to pay fees to the appointed agent.
If there was more than one agency given the property to sell (i.e. multiple agencies) then the estate agent cannot claim to have introduced the purchaser unless they had arranged for the purchaser to visit the property, or had toured the property with them. The agent must have brought the client 'across the threshold' to be entitled to a fee.
The vendor/ seller backs out of the deal
Under the recommendations of the Code of Conduct of the JEAA an agent is entitled to be paid a fee if a property does not reach its reserve price or is withdrawn from sale by the vendor for whatever reason. The fee may only be claimed, however, if the agent's 'letter of instruction' or any agreement specifically mentions this.
