The panel members were Mr. Jim Atkins, PPNAEA (Honoured) (member panellist acting as the Chairperson for the Tribunal); Mrs. Carol Brady, MBE (lay panellist) and Mr. Noel Hunter, OBE (lay panellist).
The presenting Case Officer for Propertymark was Miss Farrah Gibson.
Mr Andrew Cole did not attend the hearing. The Hearing took place in private and was recorded.
Allegations
The Tribunal considered the allegations set out in the case summary sent to Mr Cole.
It was alleged that Mr Cole had acted in contravention of the requirements of the following Propertymark Conduct and Membership Rules.
- Conduct Rule 13: General duty to uphold high standards of ethical and professional behaviour
- Conduct Rule 23: Continuing professional development (CPD) rules
Decision
After consideration of the evidence presented and submissions by the parties, the Tribunal announced the following findings:
- Conduct Rule 13: Not Proven
- Conduct Rule 23: Proven
Sanctions
- Conduct Rule 23: £100
Additionally, with the costs of the hearing, £526 also being imposed against Mr Cole in favour of Propertymark.
Closing Statement
The Tribunal made the following statement:
‘Whilst there is an admission that the business did not meet its CMP obligations, the evidence presented to us revolves around the alleged manipulation of a document. No forensic evidence was presented to us that the member either doctored or enabled the doctoring of the document therefore, we find the alleged breach of Rule 13 not proven. Having reviewed the Propertymark records, we find a breach of Rule 23.
Thank you’
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