Application of Code to estate agents – CPD courses
1.—(1) This Code shall be known as the Code of Practice for Estate Agents and shall apply to every licensed estate agent. CPD courses
(2) This Code must be read in conjunction with the Estate Agents Act 2010 (‘‘the Act’’) and practice circulars or guidelines issued by the Council for Estate Agencies (‘‘the Council’’) from time to time.
(3) A failure to observe this Code or any law applicable to estate agents may constitute unsatisfactory professional conduct or professional misconduct. CPD courses.
(4) An offer, attempt, inducement or instigation to do anything that would constitute a breach of this Code if fully executed or completed is also a breach of this Code. CPD courses.
Definition – CPD courses
2. In this Code, unless the context otherwise requires —
‘‘clients’’ includes prospective clients or customers;
‘‘Code of Ethics and Professional Client Care’’ means the Code of Ethics and Professional Client Care prescribed by the Council that applies to estate agents and salespersons;
‘‘practice circulars or guidelines’’ means practice circulars or guidelines in relation to estate agency work which the Council may issue from time to time.
Violation of Code
3.—(1) Estate agents who breach any provision of this Code may be subject to disciplinary action before a Disciplinary Committee formed under the Act.
(2) A breach of any provision of this Code may result in the imposition of sanctions including financial penalties, demerit points and the suspension or revocation of a licence under the Act. CPD courses.
Management and supervision
4.—(1) Estate agents shall have in place and document in writing proper systems and processes —
(a) to ensure that their salespersons acquire and have the estate agency work knowledge referred to in paragraph 4 of the Code of Ethics and Professional Client Care; and
(b) for the management and supervision of their business and salespersons.
(2) Estate agents shall manage and supervise their salespersons to ensure that their salespersons —
(a) comply with the laws or legal obligations or requirements stated in paragraph 5 of the Code of Ethics and Professional Client Care;
(b) conduct their estate agency work in a professional and reasonable manner and in accordance with the law; and
(c) avoid repeating the conduct of any salesperson or other person employed or engaged by the estate agent which resulted in a breach of the law or disciplinary action.
(3) Estate agents shall vet all publicity and advertising materials of their salespersons prior to publication.
Source: Code of Practice for Estate Agents (CPEA)
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