Ethics, Rules of Conduct and Professionalism - Part 1 Flashcards
Who is the current President-Elect?
Tina Palliet FRICS
What do the Specialist Professional Groups do?
They cover different areas of property, land and construction
Each professional group has an elected board and is responsible for outlining standards of competence and practice
What is Rule 4 of ROC?
Members are firms must treat others with respect and encourage diversity and inclusion
What information is required for firm registration in an annual return:
- Type of business and staffing details
- Statutory regulated activities - such as for financial services
- Nature of clients
- Complaints handling procedure details and records
- Professional indemnity insurance details
- Whether the firm holds clients’ money
Explain Step 1 of dealing with a COI?
CONFLICT AVOIDANCE
Request full facts
Consider whether your impartiality is compromised
Can it be properly managed whilst maintaining transparency and openness
Decide if you want to accept or decline the instruction
What RICS Regulation is there on Social Media?
Use of Social Media: Guidance for RICS members (2021)
What is included in the CHP Guidance Note?
- Firms written CHP must be approved by RICS
- Always notify PII insurers as soon as there is a complaint as this could lead to a negligence claim
- Details of CHP should be issued to a client as the same time as Terms of Business
- A complaints log must be maintained to show the details, progress and out of any complaints
- Firms must include RICS approved Alternative Dispute Resolution (ADR) mechanism in the CHP
What is Dual Agency?
Where an agent has a contractual agency relationship with both the buyer and the seller at the same time
When was the RICS founded?
1868
What are Fixed Penalties?
Procedure used for breaches of the Rules relating only to the supply of information to the RICS by firms and members
These may consist of a fine and/or caution
Why does the RICS regulate the surveying profession?
- Protect the public
- Uphold the public confidence in the profession
- Uphold professional standards
How will the RICS deal with failure to follow RICS guidance?
The RICS will examine the behaviour of the member and the firm
In some circumstances a member or firm may be asked to justify the steps they took which will be considered
What is an example of conflict management
Information / ethical barrier
Who is the current RICS President?
Clement Lau FRICS
Where is the the disciplinary process set out?
RICS Regulatory Tribunal Rules (2020)
Three Step Process for TOE
- Check professionally competent
- No conflicts of interest or personal interests
- Confirm terms of engagement in writing and get written approval from the client before starting work on the instruction
What should firms avoid with regards to Fee Negotiations?
Price fixing
Healthy competition is encourage but aggressive fee cutting is not allowed
Collusion with competitors
Undercutting another firm
What does the Consumer Rights Act 2015 allow?
Allows a cooling off period of 14 days from the date of the agreement
What types of firms can be regulated?
Corporate body
Partnership
LLP
Sole practitioner practice
It would be appropriate to decline an instruction based on:
- Lack of competence
- Insufficient facts
- Proposed client will not sign TOE / complete AML checks
- COI / Personal interest
- PII cap cannot be agreed
- Advice is on a personal basis which PII will not cover
- Potential client is included in UK Governments sanction list
- Would you be content for your actions to be made public?u
How is the RICS governed?
By various internal council, boards and associations
Would the RICS consider investigating posts made in a personal capacity by members
Yes - if extreme or highly offensive views are expressed which may cause reputational damage to the profession
As a surveyor you receive a confidential email with information regarding a different party who is not your client - what do you do?
I am aware this cannot be used for my own purposes
I would advise the client and sender of the error
This matter should be recorded in a note to the firms compliance officer
Any confidential material received in error should be disposed securely
What was the rational for developing the new Rules of Conduct
- Simpler Structure
- Clear examples
- Focus on respect, diversity and inclusion
- Understanding evolving technology
- Tackling global challenges - including sustainable development and tackling climate change