Thank you for your instruction to market the above property with us. This is a contract between us, ND Holdings Limited t/a ND Estates and you. We set out below our standard terms and conditions of agency. Please sign and return a copy of this letter or attach it to an email and return by email confirming your agreement to these instructions.
ND Estates is a member of the NAEA Propertymark scheme and the Jersey Estate Agents Association as well as The Property Ombudsman and therefore some of the terms of this letter are a requirement of those organisations.
You agree and confirm that you agree to our valuation and that the initial price for your property shall be [price prefix] [price].
You confirm that you are the sole/joint owner(s) of the Property and have the legal authority to sell the Property and to enter into this contract.
Our sole agency commission rate is at the rate of [fee rate] plus [tax label] at a rate of [tax rate] on the fee.
Our instruction is on a sole agency with sole selling rights basis.
You must pay us our commission, plus any other agreed-upon fees, if:
You sign a binding contract to sell your property (in Jersey, a "Preliminary Agreement of Sale") with someone we introduced to you.
This applies even if another agent, or even you yourself, found the buyer.
You sign a binding contract to sell your property (in Jersey, a "Preliminary Agreement of Sale") with someone who:
We introduced to you during our sole agency period, OR
We were negotiating with about your property during our sole agency period.
You will still owe us if that later sale happens within 6 months after our agreement with you ends. This is because the buyer may have been introduced to the property through our marketing efforts or contacts, and we should be compensated for that introduction.
However, if you do not hire another estate agent and you sell directly to that buyer, this period extends to 12 months from the date our agreement ended. This extended period ensures we are fairly compensated for the continued benefit you receive from the buyer introduction we facilitated, especially since no other agent is involved in the eventual sale.
IMPORTANT: If you have already signed up and instructed another agent on a sole agency and/or sole selling rights basis, the terms of those instructions must be considered to avoid a possible liability to pay two commissions.
In the event the agreement becomes multi agency, namely you instruct a third-party agency, our multiple agency commission rate is 2% plus [tax label] added at a rate of [tax rate] on the fee. If you subsequently remove that agency this agreement remains a multi agency agreement.
You will be liable to pay remuneration to us, in addition to any other costs or charges agreed, if at any time unconditional contracts for the sale of the property are exchanged with a purchaser introduced by us, or with whom we had negotiations about your Property, during the agency period; or this liability extends for 6 months from the date this agreement ended or 12 months if no other estate agent is involved i.e. you sell your property directly to that party.
Should the property sell at the asking price the total commission payable will be [fee calculation]. We charge [tax label] at the current rate of [tax rate] which will amount to [tax amount].
Should the property realise a higher or lower figure the commission payable will increase or decrease accordingly.
The fee becomes payable in the event ND Estates introduces a Purchaser whether directly or indirectly who enters a binding contract to purchase the property.
You undertake and agree that you will instruct and authorize the lawyers acting for you in the conveyance of the property to make payment of the fee without any deduction out of the proceeds of sale upon completion of the sale.
Should you decide to pause the contract before the expiry date then this contract may be paused for such time as you wish however the contract remains in force and will need to be completed if you decide to come back to the market. For example if your contract started on 1st September and expired on 30th December and you decide on the 29th September you wish the property to come off the market the contract is then paused. You cannot simply instruct a new agent because you have paused the contract. Only a director for the time being of ND Holdings Limited can agree otherwise in writing.
Termination of the agreement or a change of the type of agency can be made by either party upon giving 30 days written notice, subject to the agreed minimum period, the expiry date of which is set at [agency end date]. The agreement will continue in force after the minimum period unless or until terminated by either party in writing. Notice may therefore be given at 4 weeks before the expiry date.
No variation to this letter is agreed unless a copy letter is signed in duplicate detailing such variation between the parties and the letter of variation must be signed by a Director, for the time being, of ND Holdings Limited.
ND Estates are required by law to be able to categorically confirm the identity of each client. In order to do this, but not to be intrusive, we require sight of documentary proof of address, together with acceptable photographic ID, such as passport or photo driving license together with your residency card. Copies will be taken and held on file. We may also make such searches as we consider necessary of public systems to verify your identity. Details are attached to this letter.
ND Estates as your agent, and you, are required by law under the Consumer Protection (Unfair Practices) (Jersey) Law 2018, to be able to disclose to any viewer or applicant any details of which you, as the Vendor may be aware in respect of the Property that we are marketing.
You have completed the online ND Estates Property Information Form and confirm that you have made any disclosure necessary on that form.
ND Estates take no responsibility for unoccupied properties, unless separately agreed in writing and you agree that we may conduct viewings at any time. We will endeavour to notify you of such viewings.
Keys supplied to us are held in a secure key box and are numbered by a tag key fob to correlate with the property on our database.
ND Estates is obliged to declare whether there is a personal interest in the sale of the property. If the client is, or thinks they may be, a close relative or a friend or have any business interests with anyone involved with ND Estates, the client should let us know immediately.
Is the Client aware of any such interest? Yes ☐ No ☐ (please tick)
If the answer is ‘yes’ please give the details on a separate sheet:
If you have any queries on this letter, please call the writer.