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Reasons for Decisions of Past Inquiry Hearing Cases
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| Category |
Adjudicated Date
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Matters Concerned
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Action Taken
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Appeal Lodged |
Appeal Result
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Reason for Decision(s) |
| Advertisements/ Promotional materials |
25/09/2017
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1. Failure to comply with paragraph 3.2.1 of the Code of Ethics – issuing an advertisement concerning a first-hand residential development in her own capacity instead of in the capacity of an estate agency company
2. (same as above)
3. (same as above)
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1. Reprimand and fine $2,000
2. Reprimand and fine $2,000
3. Reprimand and fine $2,000
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Yes
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The decision of the Disciplinary Committee upheld. |
Click
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| Advertisements/ Promotional materials |
14/11/2017
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Failure to comply with paragraph 3.7.2 of the Code of Ethics – issuing promotional materials in relation to the sale of certain properties which contained incorrect information
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Reprimand and fine $20,000
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No
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No
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Click
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| Advertisements/ Promotional materials |
17/11/2017
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1. Failure to comply with paragraph 3.2.1 of the Code of Ethics – issuing an advertisement concerning a first-hand residential development in his own capacity instead of in the capacity of an estate agency company
2. (Same as above)
3. (Same as above)
4. (Same as above)
5. (Same as above)
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1. Reprimand and fine $2,000
2. Reprimand and fine $2,000
3. Reprimand and fine $2,000
4. Reprimand and fine $2,000
5. Reprimand and fine $2,000
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No
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No
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Click
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| Advertisements/ Promotional materials |
04/12/2017
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1. Breach of section 6(1) of the Practice Regulation – failure to enter into an estate agency agreement (Form 5) with the landlord within 7 working days after accepting an instruction to lease the residential property
2. Breach of section 9(1) of the Practice Regulation－causing or permitting to be issued an advertisement which included statement or particular that was false or misleading in a material particular
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1. Reprimand
2. Reprimand and fine $5,000
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No
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No
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Click
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| Effective control of estate agency business |
27/04/2017
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1. Failure to comply with paragraph 3.2.1 of the Code of Ethics – offering or making a loan to a prospective purchaser of a first sale property
2. Breach of section 15 of the Practice Regulation – failure to establish proper procedures or systems to supervise and manage its business of doing estate agency work to ensure that its employee complied with the provisions of the EAO - the licensee's employee offered or made a loan to a prospective purchaser of a first sale property
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1. Reprimand and fine $100,000
2. Reprimand and fine $100,000
[Having regard to the principle of totality, the licensee is fined $100,000 in total.]
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No
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No
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Click
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| Effective control of estate agency business |
24/08/2017
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Breach of section 15 of the Practice Regulation – failure to establish proper procedures or systems to supervise and manage his business of doing estate agency work to ensure that the person under his control complied with the provisions of the EAO - the person under the licensee's control offered or made a loan to a prospective purchaser of a first sale property
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Reprimand, fine $10,000, suspension of licence for 1 month (23/9/2017 – 22/10/2017) and attachment of a condition to the licence (specifying that licensee shall acquire 24 points under EAA's Continuing Professional Development Scheme)
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No
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No
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Click
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| Estate Agency Agreements |
12/07/2017
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1. Breach of section 6(2) of the Practice Regulation – failure to enter into an estate agency agreement (Form 6) with the prospective tenant prior to arranging an inspection of a residential property
2. Breach of section 14(1)(b) of the Licensing Regulation – failure to state clearly and conspicuously on a receipt the number of his licence or the relevant Statement of Particulars of Business (SPOB) and the place of business as stated in the relevant SPOB
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1. Reprimand
2. Reprimand and attachment of a condition to the licence (specifying that licensee shall acquire 6 points under EAA's Continuing Professional Development Scheme)
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No
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No
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Click
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| Estate Agency Agreements |
04/12/2017
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1. Breach of section 6(1) of the Practice Regulation – failure to enter into an estate agency agreement (Form 5) with the landlord within 7 working days after accepting an instruction to lease the residential property
2. Breach of section 9(1) of the Practice Regulation－causing or permitting to be issued an advertisement which included statement or particular that was false or misleading in a material particular
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1. Reprimand
2. Reprimand and fine $5,000
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No
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No
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Click
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| Land search |
23/01/2017
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Failure to comply with paragraph 3.4.1 of the Code of Ethics – failure to ascertain the ownership of the property concerned by causing to be carried out a land search in the Land Registry on the property before arranging for the transacting parties to sign the tenancy agreement
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Reprimand and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme)
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No
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No
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Click
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| Misrepresentation/ Inaccurate information/ Improper advice |
20/06/2017
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1. Failure to comply with paragraph 3.7.2 of the Code of Ethics – representing to the tenant and her family member that the estate agency company (for which the licensee was working) would not obtain commission from the landlord, when in fact it was not true
2. Failure to comply with paragraph 3.2.1 of the Code of Ethics – when arranging for the representative of a party which was a limited company to sign the tenancy agreement for and on its behalf, the licensee failed to ascribe the representative's name below the representative's signature and failed to append the chop of the limited company or alternatively had the words "For and on behalf of (the name of the limited company)" written against the representative's signature
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1. Reprimand, fine $2,000 and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme)
2. Reprimand and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme)
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No
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No
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Click
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| Misrepresentation/ Inaccurate information/ Improper advice |
28/09/2017
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1. Failure to comply with paragraph 3.7.2 of the Code of Ethics – making a representation to the landlord that the tenancy agreement supplied by her to the landlord was a standard tenancy agreement provided by the Estate Agents Authority, when in fact it was not true
2. Failure to comply with paragraph 3.2.1 of the Code of Ethics – when arranging for the representative of a party which was a limited company to sign the provisional tenancy agreement for and on its behalf, the licensee failed to ascribe the representative's name below the representative's signature and failed to append the chop of the limited company or alternatively had the words "For and on behalf of (the name of the limited company)" written against the representative's signature
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1. Reprimand and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme)
2. Reprimand and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme)
[Having regard to the principle of totality, the licensee is required to acquire a total of 12 points under EAA's Continuing Professional Development Scheme.]
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No
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No
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Click
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| Misrepresentation/ Inaccurate information/ Improper advice |
14/12/2017
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Failure to comply with paragraph 3.4.1 of the Code of Ethics – representing to the tenant that the properties concerned could be used for the purpose of hair salon business, when in fact it was not true, and/or failure to remind the tenant to seek legal advice as to whether the properties could be used for the purpose of hair salon business prior to arranging for the tenant to sign the preliminary tenancy agreement
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Reprimand, fine $3,000 and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme)
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No
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No
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Click
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| Misrepresentation/ Inaccurate information/ Improper advice |
20/11/2017
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Failure to comply with paragraph 3.7.2 of the Code of Ethics – making misrepresentations to the purchasers in relation to the mortgage of a first-hand residential property
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Reprimand, fine $5,000 and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme)
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No
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No
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Click
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| Offering of incentives/rebates |
31/03/2017
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1. Failure to comply with paragraph 3.7.2 of the Code of Ethics – failure to fulfill his promise to provide commission rebate to the purchaser
2. Failure to comply with paragraph 3.2.1 of the Code of Ethics – failure to set out in writing the promise of commission rebate offered to the purchaser and stipulate clearly the terms and format thereof
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1. Reprimand, fine $8,000, attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme) and suspension of licence for 2 months (6/5/2017 – 5/7/2017)
2. Reprimand, fine $2,000, and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme)
[Having regard to the principle of totality, the licensee is required to acquire a total of 12 points under EAA's Continuing Professional Development Scheme.]
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No
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No
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Click
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| Offering of incentives/rebates |
23/06/2017
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Failure to comply with paragraph 3.7.2 of the Code of Ethics – failure to fulfill her promise to provide commission rebate to the purchaser
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Reprimand, fine $10,000, attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme) and suspension of licence for 6 weeks (15/7/2017 – 25/8/2017)
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No
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No
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Click
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| Offering of loan |
27/04/2017
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1. Failure to comply with paragraph 3.2.1 of the Code of Ethics – offering or making a loan to a prospective purchaser of a first sale property
2. Breach of section 15 of the Practice Regulation – failure to establish proper procedures or systems to supervise and manage its business of doing estate agency work to ensure that its employee complied with the provisions of the EAO - the licensee's employee offered or made a loan to a prospective purchaser of a first sale property
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1. Reprimand and fine $100,000
2. Reprimand and fine $100,000
[Having regard to the principle of totality, the licensee is fined $100,000 in total.]
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No
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No
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Click
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| Offering of loan |
11/07/2017
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Failure to comply with paragraph 3.2.1 of the Code of Ethics – offering or making a loan to a prospective purchaser of a first sale property
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Reprimand and fine $80,000
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No
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No
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Click
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| Offering of loan |
24/08/2017
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Failure to comply with paragraph 3.2.1 of the Code of Ethics – offering or making a loan to a prospective purchaser of a first sale property
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Reprimand and fine $12,000
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No
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No
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Click
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| Offering of loan |
01/09/2017
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Failure to comply with paragraph 3.2.1 of the Code of Ethics – making a loan to a prospective purchaser of a first sale property
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Reprimand and fine $120,000
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No
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No
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Click
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| Offering of loan |
26/09/2017
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Failure to comply with paragraph 3.2.1 of the Code of Ethics – making a loan to a prospective purchaser of a first sale property
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Reprimand and fine $120,000
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No
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No
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Click
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| Offering of loan |
04/10/2017
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Failure to comply with paragraph 3.2.1 of the Code of Ethics – making a loan to a prospective purchaser of a first sale property
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Reprimand and fine $120,000
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No
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No
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Click
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| Omission of licensees’ particulars |
12/07/2017
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1. Breach of section 6(2) of the Practice Regulation – failure to enter into an estate agency agreement (Form 6) with the prospective tenant prior to arranging an inspection of a residential property
2. Breach of section 14(1)(b) of the Licensing Regulation – failure to state clearly and conspicuously on a receipt the number of his licence or the relevant Statement of Particulars of Business (SPOB) and the place of business as stated in the relevant SPOB
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1. Reprimand
2. Reprimand and attachment of a condition to the licence (specifying that licensee shall acquire 6 points under EAA's Continuing Professional Development Scheme)
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No
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No
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Click
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| Omission of licensees’ particulars |
09/11/2017
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1. Failure to comply with paragraph 3.5.1 of the Code of Ethics – informing the tenant of a leasing transaction of a shop that the shop was free from water leakage problem, when in fact it was not true
2. Failure to comply with paragraph 3.5.1 of the Code of Ethics – failure to provide the keys of the ladies toilet and the toilet for the disabled to the tenant as promised
3. Breach of section 14(1)(b) of the Licensing Regulation – failure to state clearly and conspicuously on a receipt issued by her the number of her licence or the relevant Statement of Particulars of Business ("SPOB") and the place of business as stated in the relevant SPOB
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1. Unsubstantiated
2. Unsubstantiated
3. Reprimand and fine $2,000
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No
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No
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Click
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| Requirements for signing of sale and purchase/tenancy agreement |
20/06/2017
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1. Failure to comply with paragraph 3.7.2 of the Code of Ethics – representing to the tenant and her family member that the estate agency company (for which the licensee was working) would not obtain commission from the landlord, when in fact it was not true
2. Failure to comply with paragraph 3.2.1 of the Code of Ethics – when arranging for the representative of a party which was a limited company to sign the tenancy agreement for and on its behalf, the licensee failed to ascribe the representative's name below the representative's signature and failed to append the chop of the limited company or alternatively had the words "For and on behalf of (the name of the limited company)" written against the representative's signature
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1. Reprimand, fine $2,000 and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme)
2. Reprimand and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme)
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No
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No
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Click
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| Requirements for signing of sale and purchase/tenancy agreement |
28/09/2017
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1. Failure to comply with paragraph 3.7.2 of the Code of Ethics – making a representation to the landlord that the tenancy agreement supplied by her to the landlord was a standard tenancy agreement provided by the Estate Agents Authority, when in fact it was not true
2. Failure to comply with paragraph 3.2.1 of the Code of Ethics – when arranging for the representative of a party which was a limited company to sign the provisional tenancy agreement for and on its behalf, the licensee failed to ascribe the representative's name below the representative's signature and failed to append the chop of the limited company or alternatively had the words "For and on behalf of (the name of the limited company)" written against the representative's signature
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1. Reprimand and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme)
2. Reprimand and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme)
[Having regard to the principle of totality, the licensee is required to acquire a total of 12 points under EAA's Continuing Professional Development Scheme.]
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No
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No
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Click
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| Unruly behavior |
27/02/2017
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Failure to comply with paragraph 3.7.2 of the Code of Ethics – using harassing means to demand commission payment from the purchaser
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Reprimand and fine $10,000
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No
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No
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Click
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| Unruly behavior |
01/12/2017
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Failure to comply with paragraph 3.7.2 of the Code of Ethics – insulting a prospective purchaser of a property by sending WhatsApp messages which contained foul language
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Reprimand and suspension of licence for 21 days (6/1/2018 – 26/1/2018)
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No
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No
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Click
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| Miscellaneous |
01/03/2017
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Failure to comply with paragraph 3.2.1 of the Code of Ethics – failure to explain clearly to the prospective purchaser of a first-hand residential property at the first opportunity after having successfully established contact with him on whose behalf the estate agency company (for which the licensee was working) was acting and also inform him of the above matters in writing |
Reprimand and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme) |
No
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No
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Click
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