Inquiry Hearing Cases - A Selection (Excerpts)

Unauthorized Bills to Demand Commission

An estate agent who posted unauthorized bills on someone's premises in pursuit of commission allegedly owing had her licence suspended by the Disciplinary Committee and was ordered to attend a training course for estate agents.

In this case, a person who was looking for a shop unit to operate a small business enquired with the estate agent concerned who was the sole proprietor of her estate agency business. There was no formal appointment. The agent mentioned a shop unit close to her own shop. The intending tenant later negotiated the same shop unit through another agency. Thinking that she might have been bypassed the agent pursued the tenant for commission. The tenant did not heed her demand and the agent later posted some bills on the door and window of the shop premises with the tenant's telephone number and words alleging unfairness.

The Disciplinary Committee held an inquiry hearing to determine whether the agent was still fit and proper to hold a licence as a result of her said conduct. At the hearing, the agent admitted to the Committee that she should not post those bills on other people's premises and expressed regret at the contents of the bills. She wished that the Committee would not revoke her licence and let her continue with her business on which her livelihood depended.

After careful deliberation, the Committee was of the view that the agent's conduct amounted to threatening and harassing tactics commonly employed by debt-collectors and caused fear and anxiety in the tenant and others. In view of its adverse effect on the trade's image, such acts would warrant the revocation of her licence if not for the consideration that the agent had been cooperative with the investigation and the hearing and the effect of revocation on her livelihood. The Committee decided to suspend the agent's licence for a period of 14 days and impose a condition on her licence to the effect that she should complete a training course of not less that 20 hours to ensure her professional knowledge and competence.

Practitioners should enter into agency agreement with their clients to ensure that they are entitled to remuneration for services rendered. They should not resort to threatening, violent or other unlawful means to demand for money owed.

Paragraph 3.1.1 of the Code of Ethics
Estate agents and salespersons shall refrain from activities during their practice which may infringe the law.

Paragraph 3.7.2 of the Code of Ethics
Estate agents and salespersons should avoid any practice which may bring discredit and/or disrepute to the estate agency trade.

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