The panel members were Mr Richard Hair PPNAEA (Honoured) (member panellist acting as the Chairperson for the Tribunal), Mr David Coleman MARLA FNAEA (member panellist) and Mr Clive Wood (lay panellist). The presenting Case Officer for Propertymark was Ms Laura Hanley-Gorton and Mr Davis did not take part in the hearing.
The Tribunal considered the allegations set out in the case summary sent to Mr Davis. It was alleged that Mr Davis had acted in contravention of the requirements of the following Propertymark Conduct and Membership Rules.
- Conduct Rule 1.14: Payments out of a Client (Bank) Account
- Conduct Rule 13: General duty to uphold high standards of ethical and professional behaviour
- Conduct Rule 20: Continuing professional development (CPD) rules
The Tribunal considered the submissions from the Case Officer and after deliberation came to the following findings:
- Conduct Rule 1.14: Proven
- Conduct Rule 13: Proven
- Conduct Rule 20: Proven
No plea in mitigation had been provided by Mr Davis.
- Conduct Rule 1.14: £400
- Conduct Rule 13: £250
- Conduct Rule 20: £150
In addition, costs were imposed of £193 against Mr Davis in favour of Propertymark.
The Tribunal made the following statement:
'This Tribunal is disappointed to see the member’s inability to satisfactorily reconcile the client’s account over a substantial period of time. We are also saddened to see the way the member has failed to take the opportunity to resolve this matter with Propertymark.
In view of our concerns with regard to the client account we ask that Propertymark appoint independent accountants to inspect and report upon the member’s client account, this to be at the member’s expense and obtained within 6-months. Failure will result in termination of the member’s membership.'
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