The panel members were Mr Jim Atkins PPNAEA (Honoured) (member panellist acting as the Chairperson for the Tribunal); Mr Simon O'Brien MARLA, MNAEA (Comm), MNAEA, ANAVA (member panellist); and Mr Noel Hunter OBE (lay panellist).
The presenting Case Officer for Propertymark was Miss Farrah Gibson. Mr Gerald Vaughan was not in attendance.
Allegations
The Tribunal considered the allegations set out in the case summary sent to Mr Gerald Vaughan.
It was alleged that Mr Gerald Vaughan had acted in contravention of the requirements of the following Propertymark Conduct and Membership Rules.
- Conduct Rule 1.12: Interest on Clients’ money
- Conduct Rule 1.23: Reconciliation(s) – format and frequency
- Conduct Rule 13: General duty to uphold high standards of ethical and professional behaviour
- Conduct Rule 23: Continuing Professional Development (CPD)
Decisions
In the absence of Mr Vaughan, Mr David Oliver, Propertymark Compliance Manager, entered a plea denying the alleged breaches of Rules 1.12, 1.23, 13 with Mr Vaughan accepting Rule 23 within submitted correspondence.
- Conduct Rule 1.12: Proven
- Conduct Rule 1.23: Proven
- Conduct Rule 13: Proven
- Conduct Rule 23: Proven
Sanctions
- Conduct Rule 1.12: £250
- Conduct Rule 1.23: £1000
- Conduct Rule 13: £1000
- Conduct Rule 23: £250
Additionally, the costs of this Hearing of £412.70 were imposed against Mr Vaughan in favour of Propertymark.
Closing Statement
The Tribunal made the following statement:
'We are disappointed that our member was not in attendance today either in person or by zoom. There were questions the panel would have liked to have asked. We have noted the comments by Mr Vaughan in his letter dated the 3rd of November 2023, however, we have found the breaches proven, we acknowledge Mr Vaughans admission in regards to Rule 23.
Thank you.'
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