Client Care/ Communication and Negotiation/ Conflict Avoidance, Management and Dispute Resolution Procedures (Submission) Flashcards
How would you define a high level of service?
Comunicating effectively with my clients to understand their needs and objectives are met.
Who was your client in the East Tilbury Portfolio?
The bank.
Is your duty of care extended to the Borrower?
No, because the agreed terms of engagement are between the lender and myself. The Valuation is not to be relied upon by third parties. (Unless reasonable to do so Smith Vs Bush 1990 - eg. An owner occupier relying on a loan security valuation = tort as opposed to breach of contract)
However, I would provide them with good service and client care.
East Tilbury – discrepancies with your inspection notes and planning information – what was the outcome of this?
In this situation – what information did you rely on?
Our client did not lend to the subject Borrower in this instance.
I relied upon the planning portal information, the variance identified had not been undertaken in accordance with the necessary planning permission. Within my report we advised that my clients solicitors confirm that the property has planning consent (if applicable).
Who is your Complaints Handling Officer?
Derry Lynch
Shenfield Val – Why wasn’t the valuation report completed on time?
Unfortunately I caught covid near the start of the instruction and no one else in my office had capacity at the time so I knew i was going to be a week delyed, I informed my client and they were very understanding.
Halesworth Agency – was it a good idea to get a land surveyor involved in the boundary disputes?
This was not a situation of two historical land owners having a dispute over boundary. The dispute can about during the negotiation in regards to an exisiting title being split to form the sale of the Property. But if they hadnt had come to an agreemnet then this would have haulted the sale of the property.
When might you use a land surveyor?
Over the ownership of existing title boundaries.Land surveyors will use GPS technology to confirm positions detailed on maps and surveys. ALong with their desk based due dilligence they will then collate their evidence and research and examine to determine whether the property and boundary lines match.
Was it a cost decision between the parties at Halesworth?
No, the negotiation was over approximately 4 sqm of land. The vendor wanted to retain the area to allow sufficient space next to an exisitng car parking space and the purchaser wanted to include it within their title to allow sufficent space for a path. The conclusion was the split the land centrally and that was sufficent to satisfy both parties.
What does good client care mean to you?
Good client care, to me, involves trying to undertsand and meet my clients objectives fully, whilst limiting any misunderstandings or miscommunications.
Why did you feel the need to inform the client of the discrepancies on the East Tilbury Portfolio Valuation?
What classifies an ‘important matters’ whereby you require written communication from a client?
This could be an instance where I require informed consent to proceed with an instruction which I will be managing a conflict for example, or this does not necessary apply to my client but when undertaking an agency instruction I would need offers to be recieved in writing.
Who do you do COI checks on?
My client (individual and company), the Property and the Borrower.
What is the difference between mediation and arbitration?
Mediation = the mediator does not contribute or make a decision, it is informal and conducted ‘without prejudice’.
Arbitration = the arbitrator is a private judge whose decision is binding. They have specialist knowledge but they do not give advice. They cannot be sued for negligence.
What Ombudsmen does your company use in regard to complaints handling?
The Property Redress Scheme.
