Ethics Flashcards
What are the five professional and ethical standards?
Act with integrity; Provide a high standard of service; Act in a way that promotes trust in the profession; Treat others with respect; Take responsibility
How would you set up a practice with the RICS?
Inform the RICS, appoint a contact officer, register with the RICS for regulation, obtain PI insurance, set up a business account to handle clients’ money, set up a complaints procedure, set up staff training and CPD
Would you accept a gift or offer of hospitality from someone in a work capacity?
Check that the gift was acceptable in accordance with the Bribery Act 2010, i.e. the gift was reasonable and proportionate.
Nominal value, not cash, offered openyly and not regularly.
I would be open and transparent and keep records of any gifts
What steps must you take when handling clients’ money?
Always provide the client with access to their funds and bank details
Keep the money separate and clearly identifiable
Include “client” within the account name
Agree the interest and terms with the client
Maintain a ledger
What are the RICS’ five principles of better regulation?
Proportionality Accountability Consistency Targeting Transparency
Why does the RICS have rules of conduct?
They act as a framework that ensures a client is getting a set level of service
They also act as a professional guide for individual members
How many rules of conduct for members are there?
Nine: Interpretation Communication Ethical behaviour Competence Service CPD Solvency Information to RICS Cooperation
How many rules of conduct for firms are there?
Fifteen: Interpretation Communication Professional behaviour Competence Service Training & CPD Complaints handling Client money Indemnity Advertising Solvency Death / incapacity arrangements Use of designations Information to RICS Cooperation
What information do registered firms have to send to the RICS annually?
Annual return which is completed online
Advise the RICS of the type of business and staff levels
Nature of clients
Training provisions
Complaints handling procedure and records
PI insurance
Whether client money is held
What must a complaints handling procedure include?
RICS provides a model form
Must include a redress mechanism
Should be issued to the client with the terms of business
Must be clear, quick, transparent, impartial and free of charge
Name and details of the nominated investigating person must be stated
Must have a minimum of two stages; consideration by a senior team member, if not resolved then referred to an independent third party with authority to redress
Complaints must be investigated within 28 days
If a friend asks for QS advice, how would I deal with it?
I could not answer alone without PI insurance
If I did have insurance, any advice I provided would be subject to the normal checking procedures for any other form of advice
I would ask them to contact me during business hours to discuss T’s and C’s
I would always ensure the rules of conduct are followed
What does PII stand for?
Professional Indemnity Insurance
What is the purpose of PII?
To provide financial cover in the event that a client suffers losses as a result of a breach of professional duty (i.e. neglect, error, omission)
What are the benefits of PI insurance?
The professional is covered from financial loss and does not need to meet a claim from his own assets
What basis should PI insurance be underwritten?
On a claims made basis
This means that cover is provided only for claims that are notified during the term of the policy
Tell me about Merrett v Babb?
2001 court case where Babb had carried out a valuation of a house purchased by Merrett
The valuation was found to be negligent
The original company which Babb worked for no longer existed
The court ruled that Babb could be pursued for the losses
What is the significance of Merrett v Babb?
Highlights the importance of run-off cover
This is cover for individuals against claims brought directly against them for advice given on behalf of employers
How long should run-off cover be in place?
Depends on the type of contract; under hand = 6 years, under deed = 12 years
What is run-off cover?
Type of PI that covers historic liabilities of a business after it ceases to trade.
What are the RICS’ PI requirements?
Must be on an each and every claim basis
Minimum wording is provided, with minimum indemnity levels and maximum uninsured excess
Run off cover to be in place for six years
Cover to be provided for past and present employees of the firm