This is our terms of business for selling a property with Jardine Estates. Please take a moment to read through carefully, and if you have any questions, get in touch before instructing us.
Overview
Here is a clear breakdown of the key points you need to know:
- Agreement Type – This is a Sole Selling Rights Agreement between Jardine Estates Limited (Company No. 07193488), trading as Jardine Estates (the “Agent”), and you (the “Client”).
- Marketing Materials – All professional photos, videos, and marketing collateral we produce remain the property of Jardine Estates.
- No Tie-In Period – You can dis-instruct us at any time by emailing [email protected] (though we’ll do everything we can to ensure you are happy).
- Our Fee – The fee is the same whether you use us as your sole agent or alongside others. That said, we strongly recommend working with just one agent—multi-listed properties can look desperate and may harm negotiations.
- Introduced Buyers – If we’ve introduced a buyer to your property and they later purchase through another agent, our fee will still apply.
- When Fees Are Due – Fees become due at the legal exchange of contracts and are payable on completion (or within 28 days of exchange, whichever comes sooner).
- Supplier Referrals – Sometimes we may suggest trusted suppliers (like solicitors or surveyors). If we receive a referral fee or commission, it’s because they meet our high standards—we never recommend anyone we wouldn’t use ourselves.
- Referral Fees – We may pay referral fees to businesses or individuals who recommend us to new clients. These are covered from our marketing budget, not your fee.
- No Move, No Fee – If your sale doesn’t complete, you don’t pay us. The only exception is if you decide not to sell after instructing us—in that case, a fee of £300 + VAT applies.
Terms And Conditions
This is a Sole Selling Rights Agreement between Jardine Estates Limited (Company No. 07193488), trading as Jardine Estates (the “Agent”), and you (the “Client”).
1.0 Authority To Market And Instructions From Legal Owner
We are pleased to accept instructions from the legal owner(s) to offer the property as outlined for sale by private agreement. Marketing will commence immediately following receipt of this signed contract and identification as outlined in 7.0.
2.0 The Figure For Marketing Does Not Represent A Formal Valuation.
No structural or other survey has been undertaken. Fixtures and fittings that appear in the property details will be deemed to be included unless otherwise specified. All negotiations about the property will be entered into on a ‘subject to contract’ basis.
3.0 Payment Estate Agency Fees
You will be liable to pay estate agency fees to Jardine Estates Limited and any other costs or charges agreed separately, if at any time unconditional contracts for the sale of the property are exchanged:
- With a purchaser introduced by us during the period of our sole agency; or
- With a purchaser with whom we had any interface concerning the property during that period; or
- With a purchaser introduced by another agent during that period.
3.1 Liability Extends For 6 Months From The Termination Date
This liability extends for 6 months from the Termination date of this agreement where another agent is instructed and a period of 2 years where no agent is involved.
3.1.2 Ready, Willing And Able Purchaser
A purchaser is a ready, willing and Purchaser if he/she is prepared and is able to exchange unconditional contracts for the purchase of your property.
You will be liable to pay commission to the Agent, in addition to any other costs or charges agreed, if such a Purchaser is introduced by the agent in accordance with your instructions and this must be paid even in you subsequently withdraw and unconditional Contracts for sale are not exchanged, irrespective of your reasons.
3.2 Dual Fee Liability
This may occur where you have previously instructed another agent to sell your property either during the contract period (prior to termination date). By signing this document, you will make us aware of any continuing liability you have to your previous agent(s). We have a duty of care to try and prevent, where possible, a dual fee charge, in order to reduce this likelihood, you will need to provide us with the details of all previous viewers.
3.3 Sole Agents
Jardine Estates will be sole agents from the date of this agreement and the agreement will continue unless or until terminated by either party.
At Jardine Estates Limited, we are proud to act as the Sole Selling Agent for the property, ensuring a focused and exclusive approach to marketing and selling. However, we recognise the value of collaboration with other agents when it serves the best interests of our clients.
Should another agent identify a potential buyer for the property, they are invited to introduce the buyer directly to Jardine Estates. If the introduced buyer proceeds to successfully purchase the property, we will pay the introducing agent a fee of 0.5% plus VAT of the agreed sale price upon completion of the sale.
This collaborative approach provides significant benefits to our clients, enabling access to a wider pool of potential buyers while maintaining the integrity and focus of our sole agency agreement. By combining our dedicated marketing expertise with opportunities for other agent introductions, we ensure our clients receive the best possible outcome.
3.4 Termination
You may cancel the agreement at any time, we have no notice period. The terms of 4.0 and 4.1 stand for any purchaser we have introduced for the limits imposed as per The Property Ombudsman’s obligations.
Our withdrawal fee is £300 + VAT.
3.5 Notice Of The Right To Cancel
Contracts agreed within the home: Jardine Estates Limited acknowledges that all vendor(s) who venture into a contract in their own home are subject to a fourteen-day cooling off period in which time they may cancel the contract, in writing or via email, with no fees imposed.
Unless otherwise instructed, we will arrange for our photographer to take photographs and start preparing the brochure from the date of signing. This will waive your right to cancel with no charge, as disbursement costs will have already accrued.
Please inform us immediately if you would like to wait for 14 days before starting any work.
4.0 Sale Board
Jardine Estates Limited will erect a For Sale board at the property as soon as possible from the date of the agreement. The Vendor agrees to permit only the erection of one estate agency or property sale For Sale board during the period in which the Jardine Estates Limited sign is displayed.
5.0 The Jardine Estates Limited Fee
The fee covers all charges and promotional costs other than any special expenditure which is specifically and separately agreed by you here or in writing at a later date.
5.1 Payment
Fees are due at exchange of contracts. Jardine Estates Limited will accept payment upon completion of the sale provided the vendor(s) will give his/her authority to the solicitors appointed at the time the sale has been agreed (subject to contract) to pay out of the proceeds of the sale the Jardine Estates Limited charges in accordance with the conditions agreed herein. Should exchange of contracts occur fees become due 30 days from Exchange should completion not take place. In the event of non-payment of fees, the agent reserves the right to charge interest from the date in which the payment becomes due at a rate of 3% above Barclays Base Rate calculated on a daily basis and any legal expenses incurred in recovery of the fees will be added to the debt. Each vendor named in this agreement will become equally liable for payment of fees and expenses.
Where the fee for the eventual sale price is equal to or less than £2,500, a minimum fee of £2,500 (two thousand five hundred pounds), plus VAT is payable.
5.2 Property Exchanges/Swaps
Where a property is part exchanged/swapped our fees will become due and payable in full without deduction should any successful transaction take place and in accordance with time limits as described in part 4.1, 4.2, 4.3 and 6.1.
6.0 Identification
Following the introduction of Legislation all Estate Agents are now required to obtain copies of two types of Identification from all clients entering into a Legal Transaction and for money laundering purposes. These are to confirm the identity of each vendor, the sight of documentary proof of address, together with acceptable photographic ID such as passport or driving licence is therefore required. Copies will be taken and held on file.
Once we receive the information, we will run an electronic check via our online platform Landmark Agent.
Anti Money Laundering Checks appear as an enquiry/ soft search on your credit report. When you check your report, it may have a note saying “Identity Check to comply with Anti Money Laundering Regulations”. It will not affect your credit score in any way.
By providing us with this information, you are consenting to us performing these checks.
7.0 Estate Agents Act 1979
Where any potential conflict of interest may occur Jardine Estates Limited must disclose this information to any prospective buyer.
If you have any family connections or relationship with any of Jardine Estates Limited’s directors or any other employee, please inform us before accepting the agreement.
8.0 Direct Approaches
Any direct approaches to view or offer on the property as listed above must be directed to staff at Jardine Estates Limited via email or telephone without delay in order to provide you and the potential purchaser with the best possible service. If they go on to purchase the full fee will still be due.
9.0 Unoccupied Properties
Jardine Estates Limited cannot accept responsibility for any maintenance and repair of unoccupied properties. It is in the vendors best interest to ensure the property is maintained and that during the winter months the utilities are turned off where necessary.
10.0 Energy Performance Certificates
An EPC or Energy Performance Certificate is now required for all residential properties placed on the market for sale. An EPC must be ordered prior to any marketing taking place and must be available for potential purchasers. If an EPC is not required as the property already has a valid EPC this must be provided to us within 28 days of this agreement. You are free to instruct your own EPC agent.
11.0 Property Particulars
We will only publish your property upon receipt of all required documents and you have accepted them on our client portal (Street) or by email or in the registered office. Under current legislation anything we do publish about your property must be accurate and not misleading. (under the Material Information Act)
While Jardine Estates Limited make every effort to ensure that these details are correct it is extremely important that you read the information carefully and immediately inform us if anything is incorrect or inaccurate.
12.0 Survey Access
By signing this agreement you give Jardine Estates permission to pass on your contact details to a surveyor to arrange access. In some cases, survey access is required where you cannot be present. If you cannot attend to let in a surveyor, we can release your key. We will not do this without consent from you. This must be agreed by you with the surveyor who will then call us to arrange a suitable time. We only release keys that are signed out with identification
13.0 Photographs
The photographs and marketing material that is produced is property of Jardine Estates Limited. These photographs are not to be downloaded and used by yourself or any other company including, but not exclusive too, other agents that act on your behalf. When you instruct Jardine Estates you are allowing us to use the photographs and its content to market your property and authorise the use of those photographs in marketing for the company. Such as blogs, infographics on social media et al.
14.0 Jardine Estates Negotiator Service
Should you opt to instruct us to negotiate on your behalf on any onward purchase a fee, as agreed, will become due at exchange of contracts. The fee for our clients is 20% of the saving we make for you below asking price on any offer accepted that proceeds through to completion. You agree to instruct your solicitor to make payment on completion as invoiced.
15.0 Commitments
Jardine Estates Limited is committed to providing the best possible service to all our clients. You agree to inform Jardine Estates Limited of any material changes that may affect the sale of a property, these include (but not limited to): expiry of planning permission, boiler faults or any other faults with appliances to be sold with the property, leaking roof or any structural changes that occur during a period of inclement weather, planning permissions or applications for planning that affect the plot.
16.0 Trading Name
Jardine Estates is a trading name granted for use by permission of Jardine Estates Limited, which at the time of this Agreement is used by the following companies;
Jardine Estates Limited
Jardine Estates Limited reserves the right to instruct any of its associated companies or other companies operating under the Jardine Estates trading name and brand as a sub-agent or sub-contractor for all or part of its services or work, without prejudice to this Agreement.
Notice Of Right To Cancel
In accordance with section 7 of the Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008.
- We are Jardine Estates Limited trading as Jardine Estates. Our registered office is 287 Stockport Road, Gee Cross, Hyde, SK14 5RF.
- Please quote the address of the property in all correspondence so that the contract can be readily identified.
- You have a right to cancel the contract if you wish. This right can be exercised by delivering, or sending (including by electronic mail) a cancellation notice to the person mentioned in the next paragraph at any time within the period of fourteen (14) days starting with the day you receive this Notice of Right to Cancel in writing.
- Notice to cancel should be sent to Annabelle Jardine-Jones at Jardine Estates, 287 Stockport Road, Gee Cross, Hyde, SK14 5R or by email to [email protected].
- Notice of cancellation is deemed to be served as soon as it is posted or sent to us or in the case of an electronic communication from the day it is sent to us.
- Where you have requested in writing that we commence the services prior to expiry of the period of fourteen (14) days starting from the date of this Notice of Right to Cancel, you will be required to pay the reasonable cost of any services we provide to you prior to the date you give notice to cancel. You will be required to pay Our fee if we or another agency have introduced a purchaser prior to the date you give notice to cancel and such introduction results in an unconditional contract for the sale of the Property being exchanged at any time as detailed in this contract.
If you wish to cancel the contract you must do so in writing and deliver personally or send (which may be electronic mail).
By accepting and instructing us I/we confirm that we are the sole/joint owners of the property or I/we confirm that I/we have been given authorisation to instruct you to sell the property and details in order to progress the sale. |/we have read and understood the terms and conditions of the agreement and sale thereof as outlined above.