Citizens Advice Bureau

Housing

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Beaches ( 11.15.6 )
Commercial Leases ( 11.8.4 )
Conservation Groups ( 11.15.4 )
Conservation of Wildlife ( 11.8.52.L5 )
Control of High Hedges (including Cupressus Leylandii) ( 11.8.52.L8 )
Department for Infrastructure (formally Transport and Technical Services) ( 11.15.1.L7 )
Destitution ( 11.1.1.L1 )
Disabled persons - Housing adaptions for people with disabilities (11.8.22)
Environmental Protection (11.15.2 )
Estate Agents, rules ( 11.1.35 )
First Time Buyers/ Jersey Homebuy Scheme ( 11.1.33.L2 )
Hostels ( 11.1.1.L2 )
Housing repairs ( 11.8.18 )
Housing Trusts and Associations ( 11.1.20.L1 )
Jersey Chartered Surveyors ( 11.1.38 )
Jersey Cottage Homes - ( 11.1.62. )
Leases – General Information / Notice / Evictions ( 11.8.1.L1 )
Lodgers and Lodging Houses ( 11.8.10 )
Lodging House Association ( 11.1.8.L7 )
Lodging House Information ( 11.8.10.L3 )
Mortgages ( 11.1.30.L8 )
Parks and public areas ( 11.15.9 )
Pest Control - Moles, wasps, rats, mice and bird species ( 11.8.52.L4 )
Planning and Building Services ( 11.15.1.L2 )
Private sector accommodation via agencies ( 11.1.8.L2 )
Problems with trees and hedges ( 11.8.52.L3 )
Property - Moving Checklist (11.1.30.L9)
Refuse collection / Glass disposal / General information ( 11.15.8 )
Registered Lodging Houses List ( 11.1.8.L3 )
Rental Deposit - Getting a deposit back - Tenancies & Lodgers NOT protected under the Deposit Protection Scheme (Mydeposit Jersey) (11.8.1.L4)
Rental Deposit - Getting a deposit back - Tenancies protected under the deposit protection scheme introduced on the 2nd November 2015 ( 11.8.1.L3 )
Restraint on assets ( 11.12.12.L8 )
Social Housing Accommodation ( 11.1.17. )
Social Housing Rents - ( 11.1.17.L1 )
States Loans ( 11.1.33 )
Tenants Associations ( 11.8.1.L5 )
Tenants problems / Access by landlords ( 11.8.1.L2 )
The Affordable Housing Gateway (11.8.1.L8)
Tied accommodation ( 11.5.14 )
Use of water - Customary Law ( 11.8.52.L1 )
PDF

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.