The panel members were Mr Richard Hair PPNAEA (Honoured) (Retd) (member panellist acting as the Chairperson for the Tribunal); Ms Jacqueline Stone FNAEA (member panellist); and Mr Clive Wood (lay panellist).
The presenting Case Officer for Propertymark was Mr Ali Haider. Mr Pabari and Ms Anisha Pattni, manager at Hilton & Fox, attended the Hearing.
Allegations
The Tribunal considered the allegations set out in the case summary sent to Mr Pabari.
It was alleged that Mr Pabari had acted in contravention of the requirements of the following Propertymark Conduct and Membership Rules.
- Conduct Rule 1.15: Timing of banking
- Conduct Rule 1.18: Record keeping
- Conduct Rule 1.19: Books of record
- Conduct Rule 1.20: Supporting documentation
- Conduct Rule 1.21: Preservation of records
- Conduct Rule 1.23: Reconciliation(s) – format and frequency
- Conduct Rule 10: Declarations
- Conduct Rule 13: General duty to uphold high standards of ethical and professional behaviour
- Conduct Rule 23: Continuing Professional Development (CPD)
Decisions
Mr Pabari entered a plea denying the alleged breaches of Rules 1.15, 1.18, 1.19, 1.20, 1.21 and 13, and accepting the alleged breaches of Rules 1.23, 10 and 23.
After consideration of the evidence presented and submissions by the parties, the Tribunal announced the following findings:
- Conduct Rule 1.15: Proven
- Conduct Rule 1.18: Proven
- Conduct Rule 1.19: Proven
- Conduct Rule 1.20: Proven
- Conduct Rule 1.21: Proven
- Conduct Rule 1.23: Admitted
- Conduct Rule 10: Admitted
- Conduct Rule 13: Proven
- Conduct Rule 23: Admitted
Sanctions
- Conduct Rule 1.15: £250
- Conduct Rule 1.18: Formal warning
- Conduct Rule 1.19: Formal warning
- Conduct Rule 1.20: Formal warning
- Conduct Rule 1.21: Formal warning
- Conduct Rule 1.23: £250
- Conduct Rule 10: £250
- Conduct Rule 13: £250
- Conduct Rule 23: Caution
In addition, the costs of this Hearing of £409 were imposed against Mr Pabari in favour of Propertymark.
Closing Statement
The Tribunal made the following statement:
'Firstly, can we thank both of you for attending today as your input was very helpful. The suspension of membership will remain in place until such time as a Propertymark audit has been put in place. This to be completed at the member’s expense.'
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