Ethics Lv 2 +3

Question 1

How do you ensure that you comply with bribery legislation?

Answer 1

Not giving a bribe, not taking a bribe, having plans in place to comply with applicable laws, risk assessments, gift register, declare itemsgifts and hospitality

Question 2

How do you ensure you comply with money laundering regulations?

Answer 2

Keep abreast of current training, comply with employers policy, keep reports of suspicion of money laudering confidential, identify the beneficial owner within a transaction

Question 3

How do you ensure you comply with your firm’s bribery and gifts policy?

Answer 3

Key pronciple proportionality but in general gifts are not considered to be appropriate and implement a gift register.

Question 4

Tell me about what you would do if you felt that an instruction was outside your scope of experience or knowledge.

Answer 4

I would not act beyond my scope of competence and engage the relevant specialists

Question 5

How would you keep client’s money securely and safely held?

Answer 5

I would keep it in a seprate named account and clearly linked to the client

Question 6

Tell me about how you would handle a client complaint.

Answer 6

Through our firms complaint handling procedure, it would include a redress system. I would acknowledge with 7 days, substantive reply within a further 21 days, 2nd stage redress if client is disatified

Question 7

Tell me about your understanding of your firm’s process for escalating a complaint to Alternative Dispute Resolution (ADR).

Answer 7

If the complaintant was dissatisfied with the Complaint Handling Officers full response and the independent partner secondary review. The company could then try and settle via RICS independent redress mechanism, this could be mediation and then arbutration.

Question 8

Tell me about a conflict of interest check you have carried out.

Answer 8

“Conflict check- 53 Gatwick Road, Crawley
This was a disposal of first floor offices in Crawley. In accordance
with the quality assurance procedures and receipt of the instruction
letter, a conflict of interest check was carried out. This involves
checking the address, client and opposition against our databases,
as well as making all staff members aware of the potential job to
ensure instructions are not confirmed where a conflict either exists
or may arise as a result of carrying out a job, unless informed
consent is provided.”

Question 9

If you identified a potential or actual conflict of interest, how could you handle this?

Answer 9

“1. Conflict Avoidance - Decline the instruction

2. Conflict Management - Accept but manange process by putting in palce information and ethical barriers - Must obtain informed consent from all aprties in a transparent manner”

Question 10

53 Gatwick Road – what checks did you carry out?

Answer 10

“Conflict check- 53 Gatwick Road, Crawley
This was a disposal of first floor offices in Crawley. In accordance
with the quality assurance procedures and receipt of the instruction
letter, a conflict of interest check was carried out. This involves
checking the address, client and opposition against our databases,
as well as making all staff members aware of the potential job to
ensure instructions are not confirmed where a conflict either exists
or may arise as a result of carrying out a job, unless informed
consent is provided.”

Question 11

Burgess Hill – how did you act ethically?

Answer 11

During the viewings process I did not disclose other offers made to other parties interested

Question 12

Why were there so many parties involved?

Answer 12

There was high demand for the industrial unit with many applicants

Question 13

How did you deal with offers ethically?

Answer 13

I have a duty to report all offers made to the client and gave my relevant advice to the client on each offer

Question 14

Tell me about a time you carried out a conflict check in Crawley?

Answer 14

“Conflict check- 53 Gatwick Road, Crawley
This was a disposal of first floor offices in Crawley. In accordance
with the quality assurance procedures and receipt of the instruction
letter, a conflict of interest check was carried out. This involves
checking the address, client and opposition against our databases,
as well as making all staff members aware of the potential job to
ensure instructions are not confirmed where a conflict either exists
or may arise as a result of carrying out a job, unless informed
consent is provided.”

Question 15

Tell me what you would do if a conflict is identified?

Answer 15

“1. Conflict Avoidance - Decline the instruction

2. Conflict Management - Accept but manange process by putting in palce information and ethical barriers - Must obtain informed consent from all aprties in a transparent manner”

Question 16

Tell me about a time you have acted with integrity?

Answer 16

Carrying out conflicts of interest checks

Question 17

Tell what AML checks are?

Answer 17

A process your business needs to undertake to prevent Money Laundering activity

Question 18

What would you do if you became suspicious that a client was involved in money laundering?

Answer 18

“1) Carry out due dilligence to check they are who they say they are. This would be to check ID such as passport, confirm address via utility bill and meet face to face.
2) I would also inform my companies money laundering reporting officer to complete a SMART Check. I will need name, dob and address. A smart search will also verify documents. There is no need to carry out multiple checks as each customers is monitored
3) These checks comply with ‘Know Your Customer’ checks under Money Laundering Regulations 2017.

4) If I cannot meet them in person or they flag a concern I would inform my money laundering reporting officer. It could be they are a PEP of cannot meet them.
5) Enhanced due diligence would be taking more measures to verify identity, ensuring first payment from account in their name and from a credit institution or find out where funds are from.
6) I would also inform senior member of staff.
“

Question 19

What would you do if you became suspicious that a client was involved in terrorist activities?

Answer 19

I would report to my senior manager and report to National Crime Agency

Question 20

If you were to set up in practice on your own, tell me about the types of insurance you would need.

Answer 20

“1. PII
2. Public liability Insurance
3. Employer liability cover
4. Building Insurance”

Question 21

Hampton House - what legislation affected your AML checks?

Answer 21

Money Laundering Regulations 2017

Question 22

Who did you carry out the checks on?

Answer 22

The client and the purchaser

Question 23

How did you carry out the checks?

Answer 23

Used platform Credas to identify the benefical owners of a corporate identity where individuals can self uplod ID and proof of address

Question 24

How did you comply with the CPRs and BPRs?

Answer 24

CPRs- marketing the property treating customers fairly, not giving false information, not acting aggressively

Question 25

Where did you record the offer?

Answer 25

I recorded the offers on an offer shcedule and presented to the client

Question 26

Give me an example of a time you have been offered a gift?

Answer 26

“Arch and Garage, Horley
I acted on behalf of a private client to dispose of an industrial
garage in Horley. One of the potential tenants had a sentimental
attachment to the garage and as the offers went to best bids was
very interested in securing the site. They offered a gift in order to
increase their chances on securing the site which I refused and
explained that under the Bribery Act 2010 I cannot accept the gift.”

Question 27

How did you deal with this situation - Horley?

Answer 27

I politely refused when I was offered a gift

Question 28

Give me an example of how you followed the provisions of the Business Protection from Misleading Marketing regs 2008?

Answer 28

Hampton House- East Grinstead CPRs - did not mislead consumers, particulars were accurat, careful in what I said no omissions

Question 29

Tell what sentimental value (client’s) had when dealing with a disposal of an industrial site in Horley

Answer 29

It was one of the prospective tenants grandfathers garage

Question 30

What was the outcome of this case?

Answer 30

The prospective tenant was willing to bid substantially over the asking price