***Sabrina 07.05.24 (forwarded questions) Flashcards
Ethics:
What constitutes a complaint?
Any expression of dissatisfaction
How should you deal with a complaint?
Follow my firm’s Complaints Handling Procedure (CHP), which includes a redress mechanism approved by the Regulatory Board, and maintain a complaints log
What does the RICS recommend firms include in a Complaints Handling Procedure?
- Ensure the CHP has at least two stages
- Timescales for responding
- Ensure complaints are recorded in a complaints log
What should be involved in the two stages of a CHP?
Consideration of the complaint by a senior member of the firm or the firm’s designated complaints handler
If the complaint cannot be resolved, referral to an independent third party with authority to award redress
How quickly should a complaint be answered?
Acknowledgement of the complaint within 7 days and a full response within 28 days
Where should you record a complaint?
In a complaints log
How would your client know what your complaints handling procedure is?
The CHP should be brought to the client’s attention when the terms of business are being agreed (otherwise it should made available when a complaint is received)
Can client’s be charged for time spent dealing with a complaint?
No
Should you tell your PI insurers about a complaint?
Yes
When should you tell your PI insurers about a complaint?
PI insurers must be informed as soon as possible of any complaint made through the CHP in order to ensure compliance with the terms of the policy
What are PI requirements for an RICS Regulated firm?
Do the RICS need to get involved in complaints?
The RICS will only become involved if the firm fails to respond to a complaint or prevents the client from gaining access to an independent redress mechanism
What third party redress schemes exist?
The RICS has produced guidance on the various third-party redress mechanisms available along with contact details, depending on the type of complaint (Ok, have one exaample ready)
A client phones you up and says he is dissatisfied with your cost report. He is very unhappy about it and refuses to accept it. What action would you take?
- Communicate to understand the reason for the complaint
- Attempt to resolve the issue through negotiation
- Refer client to firm’s CHP if no resolution can be found
- Respond to the complaint in a timely manner
- Keep a log of the complaint
(Good, just be more succinct - try to resolve, rectify any mistake as you stated. Don’t forget to mention Complaints Handling procedure)
How does the RICS discipline members?
- When an allegation is received, the RICS Head of Regulation will:
o Make further enquiries.
o Inform the person the allegation is made against in writing, who can write a response within 28 days.
o Decide whether there are grounds for the complaint.
o If there is, they will either:
Issue a consent order.
Issue a fixed penalty.
(Good, just make slightly more succinct. Consent order)
What is a consent order?
An order outlining what needs to be changed. It will usually outline what actions need to be taken, and by what date they need to be achieved.
Pay a fine.
Pay RICS Costs.
Does the RICS publish any guidance on the Disciplinary Measures?
Yes, there is a large section on the RICS website.
Which section?
ROC
Can you name 3 of the rules of conduct
Can you give an example of when you acted with honesty and integrity
Is there any scaenario you would accept drinks?
Can you give an example of when you acted in public interest?
(Need an example)
Can you give an example of when you demonstrated any ROC in your Case study?
(Need an example)
Money Laundering and Bribery