Terms and Conditions
Maillard 1928

Terms and Conditions of Business


Residential Sales

The terms of business as set out below together with the terms set out in your proposal document will form the agreed basis on which we will act for you, subject to any amends that may be agreed between you and us in writing (the "Agreement").

1. Parties

Sales agent: M&Co Real Estate (referred to “us” “we” or “our” as the context permits)

Vendor/ Property Owner: Addressed to in Proposal (referred to as “you” “your” or “Vendor” as the context permits)

2. Type of Instruction

Sole agent: This means you are instructing us to be your only estate agent to act for you with the right to sell your home during the Term. You will be liable to pay us the Commission if a contract is passed during the Term. If you find a buyer yourself (and the purchaser was not introduced to you by us at any time within the previous 6 months of passing contract) you won’t be liable to pay our Commission. For the avoidance of doubt if you were to instruct another agent during the Term of this agreement you may be liable to pay our Commission.

Sole selling agent: This means you are instructing us to act for you and to be your only estate agent with the right to sell your home during the Term. You will be liable to pay us the Commission if a contract is passed during the Term. If you find a buyer yourself (and the purchaser was not introduced to you by us at any time within the previous 6 months of passing contract) you will be liable to pay our Commission.

Multi-agency agreement: This means that you are instructing us and other agents to act for you and to have the right to sell your home during the Term. You will be liable to pay us the Commission if a contract is passed during the Term of the contract by us. For the avoidance of doubt, you will not be liable for our Commission if a contract is passed with another agent (if the purchaser was not introduced to you by us at any time within the previous 6 months of passing contract).

50% Price Guarantee Offer: The 50% price guarantee only applies to a sole agency instruction, listed at our suggested price and as referred to in our proposal document.

If we don’t get your property under offer in 28 days as a part of the 50% Price Guarantee Offer, we will reduce our fee by 50% from 1% to 0.5%. If we get you an offer within 28 days at our suggested marketing price or at a price close to this, which is not accepted by yourself then the 50% offer does not apply.

3. Our Commission & Fees

Commission: You agree that in the event of a sale of the Property being negotiated by a member of our staff, and or in accord with our stated terms, we will have the right to charge you the Commission.

Fees: Our Commission is inclusive of printing of particulars, photography, internet, press advertising and a "For Sale" board (if in accordance with your instructions).

4. Payment of Commission

Due and payable: Our Commission becomes due and payable to us on the second working day immediately following the passing of the contract of sale of the Property in the Royal Court or the day of the exchange of contracts with regard to non-Royal Court transactions.

Payment: You agree to instruct your lawyer to pay our Commission out of the net proceeds of sale. If at any stage of our instruction you become aware that there may be insufficient funds available to pay our fees from the net proceeds of sale, you agree to notify us immediately in writing.

GST: The Commission is exclusive of GST unless otherwise stated.

5. Accuracy of Statements

Us: In acting for you, we are required to comply with the Consumer Protection (Unfair Practices) (Jersey) Law 2018 (as may be amended from time to time) and other applicable Jersey law. We will therefore be placing reliance on the accuracy of the information you provide.

You: You have legal responsibilities arising from the declarations you make with regard to the sale of your property. This includes but is not limited to its condition, its services including drainage, any disputes with neighbours, proposed development nearby or known boundary issues. You agree to disclose and tell us if you are aware of any matter which may be material to a buyer. If in doubt as to whether information you hold is relevant, disclose it to us. You must also tell us if you become aware of any inaccuracy in our sales particulars, advertising copy, press releases or any other information we produce about the property. By asking us to sell your property and providing us with relevant details you are confirming to us the accuracy of the same and you agree to indemnify us of all or any liability from claims arising from inaccurate or incorrect information.

6. Term, Termination and Withdrawal of Instruction

Term: This Agreement commences from the date you sign and date it (but will in any event by us acting on your instruction you will be deemed to have agreed to the terms set out) and which will continue in force until your Property has been sold, or subject to your continuing obligations as set out in the Agreement, the Agreement is terminated or you withdraw your instruction (whichever is the earlier).

Termination: Our instructions to act may be terminated by either party by giving 7 days’ notice in writing.

Withdrawal: Our instructions to act may be withdrawn by you by giving 7 days’ notice in writing.

Continuation: For the avoidance of doubt, you will remain liable to pay us the sales commission, within six months of the date of termination or withdrawn, if you sell the property to a purchaser introduced by us and for this purpose you agree this Agreement shall remain fully in force even though our instruction to continue to act as your sales agent has been terminated.

7. Liability

Total liability: As far as Jersey law allows, our total liability to you for any direct loss or damage caused by our negligence or breach of contract (except deliberate breach) is limited to our commission payable under this agreement. We do not accept liability for any indirect or consequential loss (such as loss of profits). These limitations do not apply to death, personal injury or fraud.

Claims: You agree not to bring any claim arising out of or in connection with this agreement against any member, employee or consultant of the Company. These individuals do not have a personal duty of care to you. Any such claim for losses must be brought against the Company

Force Majeure: We shall not be liable under or in connection with these terms to the extent that such liability arises as a consequence of any event or circumstance or cause beyond our reasonable control.

8. Know our Client (KYC) law and regulations

General: We are required under Jersey law and regulations to apply certain measures designed to combat money laundering and the financing of terrorism.

When KYC is required: Prior to us acting you will be required to provide us information and evidence to confirm your identity and that of anyone you are acting on behalf of. We are not permitted to provide our services until this process is complete and may mean that we will have to stop the process of selling your Property pending receipt of the required information or terminate our contract.

Information required: The information required by us about you will include but may not be limited to client identification, verification of address, source of wealth and source of funds (we may also request other information). In the case of a corporate or other entity we will also be required to seek evidence as to the identity of the beneficial owner(s) and controller(s) of the entity. More detailed evidence may be required in certain circumstances, for example where the client business relationship needs to be established without face-to-face contact or where you are non-resident in Jersey.

On-line verification service: By signing these terms of business you agree if we so decide to us verifying your identification documents using an on-line verification service, at our cost.

9. Conflict of interest

We will disclose at the earliest opportunity any existing conflict of interest or any circumstances that might give rise to a conflict of interest. We will discuss the position with you and determine the appropriate course of action.

10. Data Protection

Policies: Our GDPR privacy policies are available to view in full at https://maillardandco.com/priv...

Processing data: In order to deliver our services, you have asked us to provide or to comply with legal requirements, we are required to process your personal data. This may be provided in person, in written form or by telephone and can include, but not be limited to, your name and address, contact details, date of birth, proof of address documents and financial details such as your bank account.

Data Share: At times, and depending on the services we are providing, we will need to share your personal data with others, such as the Population Office, lawyers, conveyancers or surveyors carrying out work in connection with your sale. In every instance, the data provided we will endeavour to restrict only to that which is essential and retained only for as long as necessary. Please be assured that we take your privacy and security of your personal information very seriously.

Outsourcing: With the continual shift towards using smart technology-based solutions to replace more conventional methods, we reserve the right to outsource processes to third party service providers. In providing a particular data processing service for us, they are permitted access to your data. In all cases they will be subject to the controls in place under our Privacy Policy and have no lesser controls in place to protect your data, than we do. By signing this Agreement, you agree to such outsourcing where required by us.

11. Complaints

Our aim is for you to be completely satisfied with our service. If at any time you wish to discuss with us how we can serve you better or you are dissatisfied with our service, please let us know by writing to us or telephoning us on 01534 880880. Full details of our complaint’s procedure can be found at: https://maillardandco.com/comp...

12. Miscellaneous

Enforceability: If any term or provision in this Agreement shall be held to be unlawful, voidor unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of the Agreement but the validity and enforceability of the remainder shall not be affected.

Joint Liability: Where you are two or more persons the liability is joint and several and in such circumstances, you hereby agree to abandon any right you have under the existing or future law of Jersey whether by virtue of the droit de division or otherwise to require that any liability to us be divided or apportioned with any other person

Assignment: We reserve the right to assign (or novate or otherwise transfer) the benefit (or transfer or novate the burden) of this Agreement to another party at our sole discretion at any time.

Entire Agreement: This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous discussions, correspondence, negotiations, drafts, agreements, promises, assurances, warranties, representations, arrangements and understandings between the parties, whether written or oral, relating to its subject matter.

Agreement: The Agreement between you and us shall be governed by and construed in accordance with Jersey law.

Residential Lettings


1. Definitions

In these Terms and Conditions, the following expressions shall have the following meanings:

1.1 “Landlord” shall mean the person (s) name and whose signature appears on the Tenancy Agreement.

1.2 “Tenant” shall mean the person (s) introduced by us to you for the purpose of the Tenancy, and/or named on the Tenancy Agreement. Where the Tenant is a natural person, the definition shall include any relative or partner whether business or personal. Where the Tenant is a legal person, the definition shall include any connected person or body of that company, and any parent company, subsidiary or member of the same group of companies.

1.3 “Agreement” shall mean the Terms and Conditions concluded between the Landlord and the Agent, as evidence by their respective signatures

1.4 “Property” shall mean the Property to which the Agreement relates.

1.5 “Rent” shall mean all sums paid by or on behalf of the Tenant for the use of the Property.

1.6 The “Tenancy” shall mean the entire period of which the Tenant remains in the Property including any renewal or extension or periodic tenancy whether by way of further agreement or otherwise.

2. Pre-instruction requirements

By signing this Agreement, you warrant that the following conditions where applicable have been met:

2.1 Subletting: if you are a tenant or leaseholder yourself

(i) The intended Tenancy is permitted by the terms of your lease.

(ii) The intended Tenancy is for a period not exceeding that of your Tenancy less one day.

(iii) Your landlord’s written permission is obtained for the sub-letting.

2.2 Mortgages: where the Property is the subject of a mortgage or other legal charge, the mortgagee or proprietor of the legal charge has given its consent to the Tenancy.

2.3 Insurance: you have adequate buildings and (if necessary) contents insurance for the purpose of the Tenancy.

2.4 Fire regulations/ Health & Safety: Furnishings, heating and all other installations and equipment conform to all relevant statutory requirements and codes of conduct.

2.5 Fittings & equipment provided with the Property is in good working order prior to the commencement of the Tenancy.

2.6 The Property complies with the requirements under the Public Health and Safety (Rented Dwellings – Minimum Standards and Prescribed Hazards) (Jersey) Order 2018 ( information regarding this can be found at https://www.jerseylaw.je/laws/...

3. Our Services

3.1 Introduction Service

We will provide the following services:

i) Advise on an appropriate rental value for the Property taking into account your requirements and the prevailing marketing conditions.

ii) Advise you on how best to present the Property.

iii) Agree with you the price at which the Property is to be offered for rent.

iv) Take and retain photographs of the Property for the purpose of marketing or if instructed, to arrange professional photography at your cost.

v) Place details of the Property on our website www.maillardandco.com, other local property portals, social media and in our window display (on a rotational basis).

vi) Accompany all viewings to the Property and provide you with feedback on the same.

vii) Bring all offers from prospective tenants to your immediate attention.

viii) Enter negotiations with the perspective tenant on the terms of the Tenancy.

ix) Collect all the required statutory documentation prior to the start of the Tenancy.

x) Apply for, take up and hold to your order reference and credit checks on all prospective tenants once an offer to rent has been received.

xi) Complete Population Office forms

xii) Arrange for the tenant to pay the first months rent and deposit prior to the start of the tenancy.

xiii) Provide a draft Tenancy Agreement to you for approval and once approved circulate to all parties for signature.

xiv) Complete a Schedule of Condition (furnished properties may incur an additional charge).

3.2 Property Management Service

i) Maintain a property register recording terms of all tenancies including rent reviews, Tenancy ends and other relevant dates

ii) Demand and receive rent (including any other charges where appropriate) on your behalf and forward the balance, net of our monthly fee and other costs, to you or your nominee.

iii) Receive all rental payments into our client account.

iv) Prepare and submit monthly Statements of Account to you or your nominee (if rent is paid quarterly these will be prepared on a quarterly basis).

v) If the rent has not been paid after it falls due, we will endeavour to notify the landlord at the earliest possible opportunity and will attempt to obtain payment from the tenant by means of telephone calls and series of written notices

vi) Where instructed initiate action on your behalf for the recovery of arrears of rent and other charges.

vii) Hold keys to the property.

viii) Inspect the property at check in and at check-out & provide a schedule of condition.

ix) Carry out additional regular inspections of the property to ensure that the Tenant complies with the terms of the Lease.

x) Upon the discovery of any breach of the Tenancy advise and make recommendations in respect of appropriate remedies

xi) When asked to do so by you issue instructions on your behalf for the service of formal notices where applicable, such as forfeiture proceedings.

xii) Pay on your behalf where necessary, all normal outgoings on the property to include repairs, insurances and other charges. Whilst we will endeavour to query any obvious discrepancies, we reserve the right to pay without question demands and accounts which appear to be in order. Please be aware that we cannot accept responsibility for the adequacy of any insurance cover or for the verification of service or maintenance charge demands or estimates where applicable

xiii) Maintain and organise contracts for the maintenance of the Property and deal with day-to-day management matters including minor repairs, Tenancy renewals and necessary replacements. Where these, or any other work, is likely to cost in excess of £500 we will, except in case of emergency, obtain and submit to you estimates for the work (unless agreed otherwise). Works over £1500 may be subject to an additional charge. Please see our list of additional charges below.

xiv) Take responsibility for the day-to-day management of the Property including changes of tenancy and commissioning any cleaning/ repairs/ replacements arising from the check-out report.

xv) If instructed to do so organise refurbishment works at the property on your behalf. Works in excess of £1500 will be subject to an addition charge. Please see our list of additional charges below.

xvi) To administer the annual Parish Property Schedule, check the rating and where appropriate recover the rates from the tenant if you instruct us to do and you advise the Parish accordingly.

xvii) Liaise with My deposits Jersey in relation to the return of the tenancy deposit

xviii) Liaise with your Tenant in good time prior to the end of the tenancy and commence remarketing the Property in the event that a renewal of the tenancy is not agreed.

xix) Provide an out of office emergency maintenance service throughout the tenancy.

4. Information applicable to all our services

4.1 The rent quoted by us to prospective Tenants shall be inclusive of all outgoings for which you are liable as the landlord, but exclusive of those payments for which a Tenant is commonly responsible (such as gas, water, electricity, other fuel charges, telephone, broadband and other communication charges)

4.2 Remittance of rent: present banking arrangements are such that it is necessary for us to allow up to 10 days to clear funds paid to us and to transfer them, net of any fees or other charges payable to us, on to you

4.3 Deposit: the security required from the Tenant is normally a sum equivalent to one month’s rent. Where we manage the Property we will remit the deposit within 30 days of receipt to My Deposits Jersey to be returned less any agreed deductions to the Tenant at the end of the Tenancy Agreement. Where we provide an Introduction only service the Landlord will be responsible for the statutory requirements in respect of the deposit.

4.4 Termination of Property Management Service – This Agreement will be for a minimum of 12 months, thereafter 3 months’ notice in writing will be required from either party to cancel the Agreement.

4.5 Multiple Agency: in the event that we are instructed to market the property and it is let by another agent prior to us finding a suitable tenant and securing your acceptance of an offer you will not be liable for any charge.

4.6 Introduction Fee: If a tenant (or connected party), introduced by us proceeds to purchase the property a fee of 1% plus GST of the sale price will become due to us.

4.7 Cancelation Fee – you will be liable to pay to us the full Introduction fee within 7 days if you decide to withdraw from the tenancy for whatever reason and where you have accepted an offer to rent the Property (whether verbally or in writing) and the prospective tenant has passed a credit check and references have been received.

5. Complaints

If you have a complaint regarding our services, then please see details of our Complaint Handling procedure at https://maillardandco.com/comp...

6. Privacy Policy

Your privacy is our priority. Please see details of our Privacy Policy at https://maillardandco.com/priv...

Summary of Services and Charges

All prices are GST exclusive

Introduction Service

Sole Agent | One month’s rent

Multiple Agent | Two month’s rent

Both subject to a minimum fee of £750 exclusive of GST payable on signing of the Tenancy..

Property Management

7.5% of rent due under the Tenancy invoiced monthly or quarterly depending on the rent payment cycle.

An additional disbursement fee of £150 exclusive of GST and payable quarterly in advance will be applied.

How we work together

Included in all services

  • Market Appraisal
  • Advice on how best to present your property for letting
  • Viewings accompanied by a member of our staff
  • Negotiating the terms of the tenancy on your behalf
  • Onboarding Tenants : taking references, including financial and employment checks,
    previous landlord or character references plus photo I.D, copies of utility bills and
    confirmation of residential status
  • Preparation of Tenancy Agreement
  • Preparation of independent condition report at the start of the tenancy.

Included in our Property Management Service

  • Dedicated Property Manager and access to specialist advice from other service
    providers in our group
  • Management of annual and periodic safety inspections under the law
  • Management of routine repairs and maintenance
  • Access to qualified, insured and vetted contractors
  • 24-hour repair support
  • An annual inspection
  • Rent collection, preparation of statements and arrears management
  • Payment of property related invoices
  • Prepare Income and Expenditure Reports
  • Handling tenant enquiries and requests
  • Keyholding service
  • Registration of tenant’s security deposit
  • Preparation of an Addendum to the Tenancy Agreement where terms change during the tenancy
  • Rent review in line with the Tenancy Agreement or prevailing market conditions.
  • Negotiating Tenancy renewal terms with your Tenant
  • Preparation of renewal documentation
  • Negotiate claims for damage or replacement from tenant’s deposit
  • Arranging pre tenancy maintenance works
  • Arrange pre tenancy clean
  • Arrange key cutting

What is not included in our 7.5% Property Management Pricing?

Not included

Additional invoice

Arranging professional photography and floorplans

At cost + 5%

Arranging property refurbishment

10% of cost

Arranging works over £1500

10% of cost

Property visits excluding our annual Inspection

£120 per visit

Vacant Property Management

At least one monthly visit at £120 per visit

Financial control or reporting services not included above

By arrangement depending on the service(s) required

Tax compliance and tax return and Schedule A computations on behalf of non-resident Landlords

£375 per filing

What is not included in our 7.5% Property Management Pricing?

Not included

Additional invoice

Preparation of an Addendum to the Tenancy Agreement where terms change during the tenancy

£75

Rent review in line with the Tenancy Agreement or prevailing market condition

£175

Negotiating Tenancy renewal terms with your Tenant

£175

Preparation of renewal documentation

£50

Pre tenancy maintenance works

15% of cost subject to a minimum fee of £150

Arrange pre tenancy clean

£50 + cost of cleaning

Arrange key cutting

£50 + cost of keys

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