7 - Fees / ToE Flashcards

1
Q

What documents should you be considering when negotiating fees?

A

Bribery Act 2010 and the RICS Rules of Conduct 2021.

These should be specifically considered when granting or accepting referral fees.

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2
Q

How should your fees be negotiated?

A
  • avoid: price fixing, aggressive fee cutting
  • Fees should be market based
  • Fee negotitions can be entered after initial fee proposal
  • Consider the amount of time and resources and ensure you have the appropriate expertise
  • Not be seen to be undercutting another firm
  • You must be transparent and ensure client’s are aware of any referal fee - should be stated in ToE
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3
Q

What must you include in Terms of Engagement prior to starting work on an instruction?

A

These must state in writing the client’s agreement to the proposed fee basis, payment of expenses (and how calculate) and that a copy of the firm’s complaint handling procedure will be available on request.

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4
Q

What 3 things should you do prior to undertaking an instruction?

A
  1. Check professionally competent
  2. No conflicts of interest or personal interests
  3. Confirm ToE in writing and get written approval from the client BEFORE you start work on the instruction
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5
Q

How does the consumer rights act 2015 impact instructions?

A

A client has a 14 day “cooling off period” to cancel without giving a reason.

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6
Q

What are some reasons why you may decline an instruction?

A
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7
Q

What document has the RICS set out when considering whether to acct for a client?

A

RICS Ethics Decision Tree

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8
Q

What should you include in Terms of Business?

A

Include the fee, scope of works, completion time, level of professional indemnity cover, and details on the complaints handling procedure.

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