Claims and complaints – CPD courses
Example: CPD courses
(1) Estate agents must have in place a system with suitable processes for the receipt and investigation of claims and complaints against the estate agent or any of their salespersons. CPD courses
(2) The system and processes must be documented in writing.
(3) All claims and complaints against the estate agent or any of its salespersons must be investigated.
(4) Any investigation under paragraph (3) must be completed within 2 weeks of the receipt of a claim or complaint, or such longer time as the Council may allow.
(5) Where the complainant is making a claim against the estate agent or a salesperson, the estate agent shall meet with the complainant to explore the possibility of an amicable resolution.
(6) The complainant must be expeditiously informed of the outcome of the investigation. CPD courses.
(7) On the request of the Council in any particular case, the estate agent shall furnish the Council, within 2 weeks of the request or such longer time as the Council may allow, with a report on the investigation of the case and details of such action as may have been taken by the estate agent and salesperson, and the outcome thereof.
Retention of documents and records – CPD courses
7.—(1) For the purposes of the Act, an estate agent shall retain the originals or keep copies of the following documents for at least 3 years:
(a) all applications to the Council in respect of estate agent’s licence and the registration of salespersons under the Act, including supporting documents;
(b) all estate agent and salesperson agreements;
(c) all estate agency agreements;
(d) all documents relating to property transactions, including —
(i) sale and purchase agreements, and options to purchase;
(ii) lease and lease agreements, and letters of intent to lease;
(iii) Housing and Development Board documents and forms, including Resale Checklists and approvals for the sub-letting of Housing and Development Board flats;
(iv) documents evidencing the receipt and payment of transaction monies;
(v) powers of attorney and letters of authorisation; and
(vi) declarations made by estate agents or salespersons of any conflict or potential conflict of interests; and
(e) all documents and correspondence in respect of claims or complaints, including the result of investigations and any action taken.
(2) Copies of documents retained for the purposes of paragraph (1) may be in electronic form. CPD courses.
(3) Paragraphs (1) and (2) do not affect any statutory obligation or requirement that may require the retention of documents or records for other purposes or for a different period of time.
Source: Code of Practice for Estate Agents
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