Instructions Flashcards
What are the three steps to follow before undertaking an instruction?
- Check if you are professionally competent
- No conflicts of interest or personal interests
- Confirm terms of engagement in writing and get written approval from the client
Section 18 of the Estate Agents Act 1979 and money laundering checks (Money Laundering Regulations) are required for what type of work?
Agency
What does the Consumer Rights Act 2015 allow for?
A 14 days cooling off period from the date of the agreement
What are some reasons it may be appropriate to decline an instruction?
- You are not competent to undertake the work
- You do not have sufficient facts on the issue
- The client will not sign Terms of Engagement or complete AML checks
- A PII liability cap cannot be agreed
- The client is on a sanctions list
What is conflict avoidance?
When you do not accept the instruction
What is conflict management?
When the instruction is accepted, and steps are agreed and put in place to manage the conflict, with the written agreement of all parties
When did the RICS Global Professional Statement on Conflicts of Interest 2017 come into effect?
January 2018
What is a party conflict?
Relating to work on the same or related instruction for two different parties
What is an own interest conflict?
Relating to a personal interest
What is a confidential information conflict?
Relating to work between two parties that is confidential
What must be acquired before carrying out an instruction with a conflict?
Informed consent from all parties
What is the three step process for handling a conflict?
- Conflict avoidance
- Written advice to both parties
- Conflict management
When writing to parties regarding a conflict, what three points should you cover?
- Disclosure the nature of the conflict
- Be as clear as you can
- Request written confirmation from both clients of their informed consent
When did RICS Professional Statement: Conflicts of Interest - UK commercial property market investment agency, 2017 come into effect?
January 2018
Is Dual Agency allowed under RICS Professional Statement: Conflicts of Interest - UK commercial property market investment agency (2017)?
No
What section of the Estate Agents Act should you declare when dealing with personal interests in agency work?
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