Estate Agent Referral Scheme Terms and Conditions
Last updated
Referral Scheme Terms and Conditions
Definitions
For the purposes of these Terms and Conditions,
“CJ Bloor”
means CJ Bloor Property Consultants Ltd.
“Referrer”
means the individual or business registered to participate in the referral scheme.
“Referral”
means a genuine introduction of a prospective client for survey services, made before the client has had any prior direct contact with CJ Bloor.
“Survey”
means a residential survey carried out by CJ Bloor within its operating regions. Valuations are excluded unless expressly agreed in writing.
“Referral Fee”
means the fee payable to the Referrer for a qualifying Referral, as agreed at the point of registration or subsequently varied in accordance with these Terms and Conditions.
Scope of the referral scheme
This referral scheme applies only to qualifying Referrals that result in a completed Survey. No Referral Fee is payable unless all conditions set out in these Terms and Conditions are met. Participation in the referral scheme does not create any partnership, agency, exclusivity or joint venture between CJ Bloor and the Referrer.
What qualifies as a referral
A Referral will qualify only where
all
of the following conditions are met.
- The Referrer introduces the client before the client has contacted CJ Bloor directly in any form, including by telephone, email, website enquiry or third-party platform.
- The Referrer is clearly identified at the point the Referral is submitted.
- The client proceeds to formally instruct CJ Bloor for a Survey.
- The Survey is completed and the final report is issued to the client.
Where CJ Bloor has already been contacted by the client, issued a quotation or provided substantive advice prior to receipt of the Referral, the instruction will
not
be treated as a Referral. CJ Bloor’s internal records shall be conclusive in determining whether prior contact has taken place.
Non-qualifying referrals
No Referral Fee will be payable in the following circumstances.
- Prior contact. Where the client has already contacted CJ Bloor before the Referral is received.
- Existing quotation. Where a quotation has already been issued before the Referral is received.
- Survey not completed. Where a Survey does not proceed, is cancelled or does not reach completion for any reason.
- Aborted transaction. Where the related transaction falls through prior to completion of the Survey.
- Conflict or concern. Where the Referral gives rise to a conflict of interest or professional concern.
Conflicts of interest and professional obligations
CJ Bloor operates subject to professional, regulatory and ethical obligations. CJ Bloor reserves the right to reject or decline any Referral where it considers that a conflict of interest exists, or where proceeding would compromise its professional duties. No Referral Fee shall be payable in such circumstances.
Referral fees
Referral Fees are agreed at the time the Referrer is registered to the scheme and may be varied for future Referrals by agreement between the parties. Any change to Referral Fee levels will apply prospectively and will not affect Referrals already submitted. The applicable Referral Fee for each case will be stated clearly in referral notifications or confirmations issued by CJ Bloor. All Referral Fees are quoted
exclusive of VAT
.
Payment terms
CJ Bloor will provide the Referrer with a reconciliation list of Surveys completed in the previous calendar month by no later than the fifth working day of the following month. Reconciliation and invoicing shall be handled on a
referrer-by-referrer basis
. Centralised or group invoicing will only be accepted where expressly agreed in writing. Upon receipt of the reconciliation list, the Referrer must submit a valid VAT invoice clearly referencing the relevant completed cases. Subject to receipt of a valid invoice and the absence of any outstanding queries, CJ Bloor will make payment by the tenth working day of that month. CJ Bloor reserves the right to withhold payment where there is a genuine dispute regarding Referral eligibility or compliance with these Terms and Conditions.
VAT
Referral Fees are exclusive of VAT. Where the Referrer is VAT registered, VAT must be charged at the prevailing rate on the invoice. Responsibility for VAT registration and compliance rests solely with the Referrer.
Records and transparency
CJ Bloor retains full discretion over the acceptance of instructions and the delivery of services. While CJ Bloor will act transparently and in good faith, its internal records and systems shall be relied upon in determining Referral status, completion and payment eligibility.
Confidentiality and data protection
Both parties shall handle client data in accordance with applicable data protection legislation. The Referrer must not contact clients regarding surveys, reports or fees unless expressly agreed in writing with CJ Bloor.
Termination
Either party may withdraw from the referral scheme at any time by written notice. Termination will not affect Referral Fees properly earned in respect of Surveys completed prior to the termination date.
Governing law
These Terms and Conditions are governed by the laws of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction.