Ethics Level 2 Flashcards
How do you ensure that you comply with bribery legislation?
- I consider whether any gift offered to me is reasonable in terms of value + proportional to the job being carried out
- I consider whether the timing of any gift is appropriate
- Attend training provided by my firm
How do you ensure you comply with money laundering regulations?
- Conduct customer due diligence checks to verify identity of tenants
- Maintain records of tenant identification + transactions for at least 5 years
- If I were to suspect money laundering, would not hesitate to inform appropriate authorities, e.g. National Crime Agency by submitting a Suspicious Activity Report (SAR)
How do you ensure you comply with your firm’s bribery and gifts policy?
I would consider whether the gift is reasonable in terms of value + frequency
E.g. if under £50 and the timing was appropriate, I would accept this and I would not need to declare it in the gift register
What is the gift was over £50?
I would declare it + record it in my firm’s gift register
I would also consider whether the offer was reasonable, proportionate + appropriate in terms of timing
Tell me about an instance of when you have been offered a gift or hospitality by a client.
Never been offered a gift by a client but have from contractors
E.g. contractor offered me bottle of prosecco at Christmas
As the value was under £50 in accordance with firm’s policy + was appropriate in terms of timing, I considered it appropriate to accept the gift
Tell me about what you would do if you felt that an instruction was outside your scope of experience or knowledge.
When I was discussing the scope of works with my client at M. Villa, they requested a survey for a nearby tree
I considered this outside my scope of knowledge + transparently communicated this with my client. I then referred the matter to the forestry team to take responsibility
Tell me about an instance of when you have handled client’s money.
How would you keep client’s money securely and safely held?
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Tell me about how you would handle a client complaint.
I have never received a formal complaint from a client before however I would refer them to my firm’s CHP which would be provided in the ToE
Tell me about your understanding of your firm’s process for escalating a complaint to Alternative Dispute Resolution (ADR).
- Complainant will be referred to independent redress provider recommended by my firm if they are not satisfied with a final response
- E.g. if complaint was regarding residential sales, lettings + property management, it would be referred to The Property Ombudsman (TPOS)
Tell me about a conflict of interest check you have carried out.
- Carried out a COI check prior to accepting valuation instruction for pastureland in Atherstone
- Checked on firm’s internal system for conflicts + sent email to office
- Checks confirmed that there were no conflicts so I accepted the instruction
If you identified a potential or actual conflict of interest how could you handle this?
- Would consider whether conflict could be managed, e.g. information barriers
- If can’t be managed, would decline instruction
- If thought it could, would inform all parties involved + seek informed consent
- Only proceed with instruction if receive informed consent from all parties in writing
- If not - decline instruction
What would you consider to be a conflict of interest that would require you to seek acceptance from your client?
- If I had a personal reason that would interfere with my ability to act impartially
- If my or my firm’s responsibilities to one client conflicted with the client instructing me
- If I possessed confidential information about one client that would limit my ability to represent the second client effectively
When referring matters to different teams how would you provide disclosure to your client?
- Inform client of knowledge limitations of service I am providing
- Reassure client that information will be handled confidentially + only shared with those directly involved
- Set up meeting between myself, client + other team to make introductions + ensure a smooth transition
How would you react if you were offered a coffee during a site visit?
I would accept it because in UK culture, a cup of tea or coffee is a reasonable expectation in a professional capacity regardless of the job
If this is a one off offer + I don’t have reason to believe that it is given with the intention of influencing a decision, I would accept it
Let’s escalate that to lunch?
Lunch would become a bit more complicated, and context would be very important as the value of lunch can vary drastically.
If I had just completed a large-scale project spanning multiple years with a contractor, and they wanted to take me to a nice lunch to thank me, I would consider this appropriate as it would be proportionate to the level of work completed. I would, however, declare and record it.
If, however, I had done one small job with a contractor who was tendering for other jobs, and they offered me the same lunch, I would refuse as this would not be proportionate and their intentions could be questioned.
Talk to me a bit more about value and how that would factor into your decision.
When it comes to assessing the value of an offer I believe you need to use a bit of common sense.
For example, if you’re on site with a contractor for a few hours and they are going out to get a meal deal or a McDonald’s order, and offer you something, then you know that the value will be minimal and so it is more reasonable to accept.
If, however, in the same scenario, they are offering you a sit-down meal at an expensive local restaurant, then you need to question the intention behind it more thoroughly.
What does ethical advice mean to you?
Advice that is honest, fair + respectful to all parties involved
Complying RICS Rules of Conduct + Professional Standards
