FARRELL HEYWORTH INDEPENDENT ESTATE AGENT. Trading Standards Compliance Manual

Transcription

1 FARRELL HEYWORTH INDEPENDENT ESTATE AGENT Trading Standards Compliance Manual

2 TABLE OF CONTENTS i ii Policy Statement Introduction 1 Providing our Agency Agreement 2 Valuations 3 Money Laundering 4 Taking On Properties 5 Use of Disclaimers 6 Measurements & Recommended Measuring Practice 7 Preparing Sales Particulars 8 Preparing Advertising 9 Photographs 10 Amendments to Price or Sales Particulars 11 Negotiations 12 Offers 13 Pre-Contract Deposits 14 Sale Agreed 15 Handling Complaints 16 Staff Training 17 Performance Monitoring 18 Document Control & Amendment Procedure 19 Audit & Review

3 POLICY STATEMENT Farrell Heyworth, Independent Estate Agents aim is to achieve the highest level of service and satisfaction for all clients and customers. Compliance with all our legal obligations under relevant consumer legislation, in particular the Estate Agents Act 1979 and the Consumer Protection from Unfair Trading Regulations 2008 is an integral part of this policy. This is achieved by the implementation of the procedures outlined in this manual and others introduced from time to time. SIGNED: Director DATED:... SIGNED: Director DATED:...

4 INTRODUCTION This manual of instructions has been provided to staff in order to ensure consistent quality of service and compliance to the numerous obligations placed on Farrell Heyworth. It is not in place to hinder performance or restrict the use of initiative by any member of staff. It is purely a tool to assist everyone. With this in mind everyone must read the sections that impact on the role they undertake and ensure they fully understand the reason for, and the aim of the instruction, as well as being conversant with the requirements of the instructions. Estate Agents Act The Estate Agents Act has been with us since There have been changes to it over the years; however, since 1991 the requirements have not changed. The Act and its Regulations place obligations on Estate Agents in relation to the people they intend to act for, or actually do act for (The client). It places no obligations on agents with regard to prospective purchasers, this is controlled by other legislation, which is discussed later. The Estate Agents Act places many controls on agents, which employees need to be aware of. It is vital that all staff comply with these requirements, when they are applicable. Agency Agreement We must always ensure that prospective clients are well aware of our terms of business before we agree to act on their behalf. As such it is vital that our Agency Agreement is provided to prospective clients as soon as possible and that we obtain the clients signature of the agreement. Doing this ensures there can be no argument at a later time as to whether our clients were made aware of our terms. Personal Interest Where we have any personal interest in the sale or purchase of any property this fact must be made known to the opposite side at the earliest possible time. In basic terms Farrell Heyworth are deemed to have a personal interest where the seller or buyer is an employee of any of our companies, or is a relative of an employee. A declaration of interest should be made in all relevant cases. Where there is any doubt as to whether an interest should

5 be declared it is company policy to declare an interest, in order to ensure no breach of the Act takes place. The Declaration of Interest should take place as follows Seller has an interest - Add a note to the sales particulars - Include a note on the Sales Memo - Ensure the seller does not become involved in any negotiations Buyer has an interest - Add a note to the offer letter - Add a note to the Sales Memo - Advise the seller to obtain independent advice Offers The Act requires that all offers made by every potential purchaser are passed on to the buyer in writing. The Ombudsman also requires us to confirm details of the offer with the person making the offer. This must be done without exception. Financial Services If we arrange mortgage finance and/or insurance/assurance for any prospective purchaser, we are required by law to write to confirm this to our vendor client immediately. Furthermore should we arrange any service of which we derive a payment, and then this also should be disclosed in writing immediately. Misrepresentation of Offers It is an offence to misrepresent or mislead any prospective purchaser or vendor with regard to offers. We cannot tell a prospective client an offer already exists on file, in order to make them place an offer or to place a higher offer. We cannot invent offers if none have been made. Furthermore, you cannot misrepresent the status of any prospective purchaser. Bias It is an offence to favour one offer over another so that the company or employee gains a financial or other benefit. For example we cannot favour an offer because we are providing financial services or selling the dependant property. Breaches of these requirements can result in court action being taken by Trading Standards Officers or the Office of Fair Trading against the company and/or employee. The ultimate sanction available to the courts is a Banning Order, which would prevent us from continuing in business and/or prevent the employee from working within any estate agency business. As such it is vitally important that the above is complied with.

6 Consumer Protection from Unfair Trading Regulations 2008 The Property Misdescriptions Act 1991 is now repealed in 2013and the new Consumer Protection Regulations (as they are known) take its place. There are some significant differences between the 2 pieces of legislation which must be considered and the procedures within this manual address those issues. Property particulars must be accurate and we can use our clients to help us fulfil this obligation by discussing issues with them and obtaining their signature and approval of the details. The current due diligence processes already in place do not and should not change, although other procedures are added. The major change relates to the need to provide applicants/potential purchasers with the material information they need to make a decision on whether to put an offer in on a property or ultimately go ahead with a purchase and this includes any material detrimental information. For clarification it does not mean all and any detrimental information must be provided. It only relates to the material information and this should be seen as the major issues not the minor ones such as a small damp patch in a kitchen or a window frame that needs some attention. In our day-to-day business a number of descriptions will be included within our Sales Particulars, advertisements and window displays. Whether descriptions are written, illustrations, photographs, artists impressions, or verbal, if one can be shown to be false or misleading it could lead to an offence under the Regulations. Additionally, if it can be shown that we knew about a detrimental piece of material information and we failed to pass this on to the applicant/potential buyer this can also lead to an offence under the Regulations. THESE ARE CRIMINAL OFFENCES and it will be a Trading Standards Officer and not a member of the general public who will take us to court under the Act. Heavy fines can be imposed for each offence. The maximum being 5,000 and/or 2 years imprisonment, plus court costs and possibly compensation. Additionally, if it can be shown that an employee caused the offence, the employee can also be prosecuted.

7 Prosecutions may be brought for up to three years from the date the description was made; therefore, action can be brought well after completion of a property transaction. Offences are strict liability which means it does not matter whether the offence was committed deliberately or by accident. Our only safeguard in the legislation, is due diligence where we can demonstrate that we took all reasonable steps and exercised all due diligence in an effort to avoid the offence arising, for example it would not be seen as diligent to copy another agents sales particulars. There are no half measures on due diligence and therefore our procedures and instructions must be followed. We must make every endeavour to ensure the information we provide is correct and that we have no reason to disbelieve it and be sure there is nothing material that we have omitted to pass on. There continues to be no ban on the use of any words within sales particulars and therefore adjectives and descriptive words are acceptable providing they do not mislead. The Business Names Act 1985 This small piece of legislation requires the company details to be displayed in each branch office, together with the address of the branch. Failure to display the notice can result in a fine of up to Money Laundering Regulations This legislation places an obligation on agents to ensure they adequately identify clients as soon as possible after agreeing to act on their behalf. In addition agents must notify the authorities where any suspected moneylaundering situation arises. Any agent, or employee failing to comply commits criminal offences. To ensure compliance, always make sure adequate photographic identification and address identification is obtained and a record of the identification is held on the property file. Any suspected money laundering situations should be passed on to the designated Money Laundering Reporting Officer.

8 COMPLIANCE The procedures within this manual have been drawn up in order to ensure all staff act in a responsible manner and follow good estate agency practice. Following the procedures is very important, because not only does it protect the business from action by Trading Standards Officers, the Ombudsman & the OFT, but it also protects all employees, as employees can never commit an offence personally, if the instructions provided are followed.

9 PROVIDING OUR AGENCY AGREEMENT To ensure prospective clients are aware of our terms before instructing us to act and for compliance with our obligations under the Estate Agents Act. All Frequency: As and when a Valuation and/or Taking On Properties is carried out. As and when requested by a prospective client. 1 Our Agency Agreement must be supplied to prospective clients at the time of any Valuation, Taking On Properties, or on the request of a prospective client in the branch office. 2 Where instructions are received to market a property always ensure that the Agency Agreement is completed correctly, particularly ensure that any required information, together with the agreed fee is inserted. 3 Where any special provisions are requested these must be agreed through one of the Directors or the Branch Manager and must always be noted on the agreement. 4 The signature of the seller/s should be obtained upon receiving instructions 5 As an employee of Farrell Heyworth you are authorised to sign the agreement for and on behalf of Farrell Heyworth and this must be done before providing a copy to the client. 6 The seller must always be provided with a copy of the Agency Agreement and the original copy held in the property file.

10 VALUATIONS To ensure we conduct Valuations in a consistent and professional manner. Authorised Valuers Frequency: When requested by potential clients. 1 When a prospective client requests a Valuation visit, a convenient appointment should be made. If there is sufficient time before the appointment a letter confirming the details should be supplied to the client. 2 Valuations must only be carried out by Director or authorised Valuation staff, with the relevant qualifications and/or experience (The Valuer). 3 The valuer must use professional expertise and experience to ensure that the Valuation is as accurate as possible. 4 Unless there are specific reasons, a verbal Valuation should be provided to the prospective client at the time of the visit. 5 Notes on the property and the Valuation must be made and held on file. 6 The section relating to the provision of our Agency Agreement should be followed. 7 Efforts to obtain the instructions at the time of the Valuation should be made. 8 Written confirmation of the Valuation should be sent out to the prospective client as soon as possible, using the Standard Valuation Letter.

11 MONEY LAUNDERING To ensure adequate identification of clients is obtained and that the business complies with Money Laundering Regulations All Frequency: As and when instructions to market a property are received 1 Our policy and procedures in relation to Money Laundering Regulations are laid out within our AML Policy and Procedure Document which can be found on - Your Department- HR & Training- Procedures & Policies. 2 All staff are required to read the policy and sign the AML policy certificate in branch. 3 If during the course of any transaction any employee has any reason to even slightly suspect that there may be an element of money laundering involved in any aspect of a transaction, Debbie Miller, the company s Money Laundering Reporting Officer must be informed 4 Once informed of a potential problem Debbie Miller will report the suspicion to the NCIS (National Criminal Investigation Service)

12 TAKING ON PROPERTIES To ensure that Taking On Propertiess are conducted in a consistent and professional manner. Valuers Frequency: As and when requested by potential clients. 1 When instructions are received from a client to market a property, full details of the property must be obtained by means of a comprehensive inspection of the property. This may be conducted at the time of the Valuation, but may be conducted later, if instructions are not received at the time of the Valuation. 2 Information to be used on the Sales Particulars and used to market the property must be recorded in writing. 3 The Marketing Appraisal Form should be used and regardless of whether a Dictaphone is used to record the details for Sales Particulars, relevant notes should be made at the time of the property appraisal. 4 The Property Questionnaire should be completed with the client if at all possible to ensure the valuer is satisfied with the answers the client provides. If it is not possible to do this the questionnaire should be left for the client to complete or posted to the client and once received back the valuer should review it to ensure they are happy with the responses. 5 Where any material information is identified the valuer should consider the manner in which disclosure should take place using the disclosure flowchart for guidance. Discussion with a Director should take place if there is any doubt about this. 6 Where we have sold a property previously the old Sales Particulars must not in any circumstances be used to produce new Sales Particulars.

13 7 Where the client has moved their instructions to us from another agency, the other agents Sales Particulars must not in any circumstances be used in any way to produce our new Sales Particulars. 8 The valuer must always be confident that the factual information recorded is accurate. Where any doubt exists after a visual inspection, check with the client for clarification, or obtain some other form of confirmation. 9 The valuer must use professional expertise and experience to assess the accuracy of any information that is provided by a client. This should normally involve a visual inspection or some other form of check to confirm accuracy where visual inspection cannot easily verify the issue. 10 The valuer should, if possible examine any receipts, guarantees, legal documents, etc. that the client holds which may assist in verifying any point. 11 Valuers must only include details that they are professionally satisfied are accurate and not misleading and where any doubt exists, do not use the description. 12 During the course of the Property Inspection details of any fixtures and fittings that are to be included in the sale should be confirmed verbally with the client. 13 Where confirmation with the client is not possible, fixtures and fittings should be omitted from the Sales Particulars until confirmation can be obtained. 14 The details to be included in the Sales Particulars should either be hand written, or dictated on to a tape, to be used for the Draft Sales Particulars. If a Dictaphone tape is used ensure that the tape does not contain details relating to any other property before use.

14 USE OF DISCLAIMERS To ensure that we protect our interests and do not provide information in particular situations that could mislead prospective purchasers Valuers/Administrator Frequency: As and when required 1 The disclaimers below must be used where information relating to the noted issue is provided and where it is deemed relevant. Other disclaimers may be used where it is felt appropriate. Measurements All measurements quoted are approximate Fixtures, Fittings & Appliances The Fixtures, Fittings & Appliances have not been tested and therefore no guarantee can be given that they are in working order Internal Photographs Photographs are reproduced for general information and it cannot be inferred that any item shown is included in the sale Drawings/Sketches/Plans This representation is provided for general guidance and is not to scale General Disclaimer Every care has been taken with the preparation of these Particulars but complete accuracy cannot be guaranteed. If there is any point, which is of particular importance to you, we will be pleased to check the information for you. These Particulars do not constitute a contract or part of a contract.

15 MEASUREMENTS To ensure the accuracy of measurements provided. Valuers Frequency: Upon measuring every property. 1 For agents across the country incorrect measurements quoted in Agency Agreement continue to be one of the most common areas for mistakes. To avoid such problems valuers should possess and properly maintain a tape measure of a relevant size. 2 A LAZER TAPE may only be used if it possesses a Certificate of Accuracy and a weekly check is carried out to ensure it remains accurate. This check should involve measuring a pre-determined wall-to-wall distance in the office. 3 A STATIC TAPE should only be used if it possesses a Certificate of Accuracy. 4 Tape measures must be visually checked for damage before use. 6 If any fault is identified the tape must be repaired before use, or replaced. 7 Only measurements that have been taken personally should be noted and quoted. 8 Other agents measurements or clients own measurements must not be accepted. 9 Reproduced below is guidance on the taking of measurements, which should be used as a guide to good measuring practice. 10 When it is not possible to follow the guidance care should be taken to ensure that the measurements quoted are not misleading and clarification should be given where there is any doubt.

16 11 For external land sizes, valuers should either physically measure the site using a static tape, or measure the site using an Ordnance Survey map, or use some other form of digital or computer method for verifiying the size. 12 Where verification is not possible do not quote any land size. RECOMMENDED MEASURING PRACTICE GENERAL Measurements should be taken to internal wall finishes and to the back of fitted cupboards. Chimneybreasts, projections and bay window recesses should be ignored unless they occupy more than two-thirds of the length of the wall in which they feature. Where measurements are taken into bay windows, they should be taken into the greatest depth and followed by such words as "into bay". "L" shaped rooms can be measured in two parts, alternatively, quote the maximum dimensions and clarify that the figures quoted are maximum. KITCHENS Measurements should be taken to internal wall finishes above worktops with specific references to the existence or otherwise of fitted cabinets and the like, occupying useable floor space. GARAGES Measurements should be taken overall internally between the main wall faces. Projecting piers and door reveals can be ignored but be cautious as the effective width of a garage is important, i.e. will a car fit between the projecting piers?

17 PREPARING SALES PARTICULARS To ensure accurate Sales Particulars are provided to customers. Valuer/Administrator Frequency: As and when required Preparing the Draft 1 When instructions to market a property have been received a valuer will visit the property and carry out the appropriate inspection. A tape or hand written notes will be provided to the Administrator. 2 The Administrator will then prepare the Draft Sales Particulars. This will generally be in the standard format. 3 Only the text provided by the valuer should be used to prepare these Sales Particulars. 4 The Draft copy should be proof read carefully by the Administrator and the Compliance Check Sheet initialled and dated. 5 The Draft copy should then be passed to the valuer for approval. 6 The Draft copy must be checked for accuracy by the valuer and the Compliance Check Sheet initialled and dated. 7 A copy should be marked with the Client Approval Stamp and sent to the client, together with the Standard Confirmation of Instructions Letter advising the client to sign and return the Sales Particulars to verify the accuracy of the information within. 8 This procedure need not take place if it is apparent that the seller will not be in a position to approve the Sales Particulars i.e. building society repossessions, deceased estate, etc.

18 9 If after one week the approved draft copy is not received, the client should be contacted and asked to return the approved copy. 10 If after three to four weeks the approved draft copy is not received the client should be sent another copy with a reminder. 11 Should no response be received to this request the valuer should decide whether the property should be marketed on a continuing basis without the approval. Confirmed Copy Sales Particulars 1 When the approved copy of the Sales Particulars has been returned it should be checked by the Administrator to ensure that no changes have been made by the client. 2 Where any changes have been made the valuer should be advised and the valuer should verify that the changes made by the client are acceptable. (The valuer should always be a little wary of making changes, because it is the valuers responsibility to ensure the Sales Particulars are accurate and it is the valuer who decides what information should be included in the Sales Particulars, not the client. 3 Where a change is agreed the procedure for approving the Sales Particulars should be followed again, unless the change is minor and does not relate to potentially misleading descriptions. 4 On receipt of a correct and approved copy, Sales Particulars can be produced without the draft disclaimer and these can be then made available for distribution in place of the draft sets. Setting up a File 1 Upon receiving instructions to sell a property a file must be set up by the Administrator. 2 A manual file should be set up to contain all the relevant hard copy documents relating to the property and progress of the sale. The front of the file should have stapled to it the Standard Compliance Check Sheet. 3 The Compliance Check Sheet should be completed by relevant members of staff throughout the progress of the sale.

19 PREPARING ADVERTISING To ensure all press advertising material and in-house displays are accurate Relevant staff Frequency: As and when required 1 Where an advertisement is to be placed in the press, the properties to be advertised will be selected. 2 The text for each property will be taken from the Sales Particulars/Computer software and when the full advertisement has been prepared it should be checked. 3 The details should be supplied to the relevant publication. 4 Wherever possible a proof copy should be returned from the publication and checked for accuracy against the details sent to the publication. 5 Copies of the proofs should be retained on file for a period of three months. 6 Where it is not possible for proofs to be checked before publication the advertisement itself should be checked as soon as possible after publication. 7 Even when the proof has been checked, the actual advertisement should be checked if at all possible. 8 Should any errors be identified the publication should be advised by fax immediately and where the property is to advertised the in the following edition of the publication the correct information should be produced. 9 Copies of any such faxes should be held on file.

20 In-House Advertising 1 Where property details are to be displayed within the branch the information to be should only be taken from the Sales Particulars/Computer Software. Web Site Advertising 1 The Web Site will be up-dated on an automatic basis, as the text content of the computer software is up-dated. As such no additional action is required.

21 PHOTOGRAPHS To ensure that photographs provide a true and honest view of the property. Valuers Frequency: As and when necessary. 1 Photographs will in the vast majority of cases be shown on the Sales Particulars and these photographs should be taken by the valuer. 2 All photographs should be taken from an angle that shows the best perspective, without being taken from an angle that it would not normally be possible. The exception would be aerial photographs. 3 Clause 2 above also applies to internal photographs, but always bear in mind the use of the internal photograph disclaimer to avoid confusion. 4 No photograph should be tampered with in any way. 5 The use of editing software on digital photographs must not be used.

22 AMENDMENTS TO PRICE OR PARTICULARS To ensure that amendments to Sales Particulars or prices are actioned correctly. Director Frequency: As and when required 1 Where any changes to the price or the Sales Particulars are required the changes must be confirmed in writing with the client. 2 Where factual amendments are agreed the amended Sales Particulars should be supplied to the client for approval in exactly the same manner as for initial instructions, unless the change is minor and does not relate to potentially misleading descriptions. 3 Price changes need only be confirmed by letter with the client.

23 NEGOTIATIONS To ensure that negotiators communicate information to clients in accordance with our obligations. Negotiators Frequency: As and when required 1 In any negotiations with a potential purchaser the negotiator must ensure that information they supply is accurate. 2 This must be done by either taking the information directly from the Sales Particulars, or if there is a request for additional information, by confirming the information with the relevant valuer, or client, where it is appropriate. 3 Where a request for information requires details to be obtained from the client, care must be taken to ensure that the potential risk involved in accepting the information from the client is kept to a bare minimum. 4 Where any doubts exist consult the valuer for clarification. 5 Negotiators should be aware of and follow the section on 'Specified Matters'.

24 OFFERS To ensure that all offers are communicated to clients in accordance with our obligations. All staff Frequency: As and when an offer is received. 1 On receipt of an offer, attempts should be made to evaluate the status of the person making the offer. Always complete the Offer Form as fully as possible. 2 In all cases details of the offer should be communicated to the client. Initially this may be done by telephone but the Standard Offer Letter must be sent out within two working days of receiving the offer. 3 Multiple offers made during the course of negotiations must be passed in writing, however one letter including details of all the offers is acceptable. 4 Appropriate comments and recommendations may be included with this letter.

25 PRE-CONTRACT DEPOSITS To ensure compliance to the Estate Agents Act All staff Frequency: As and when required 1 It is the policy of Farrell Heyworth not to accept pre-contract deposits of any kind from prospective purchasers, under any circumstances. 2 Any client, generally a builder/property developer, requiring a deposit for new-build properties, must be advised of this policy in writing. 3 All deposits for new-build properties must be made by cheque and the cheque must be made out to the builder in question or his solicitor. This must be made clear to any prospective purchaser. 4 Where any prospective purchaser makes out a cheque to Farrell Heyworth or attempts to provide any employee of Farrell Heyworth with cash as a deposit, it must be refused, or immediately returned to the buyer. 5 No monies should under any circumstances be paid into a Farrell Heyworth bank account.

26 SALE AGREED To ensure correct communication between parties when a sale is agreed All staff Frequency: As and when required 6 When a sale is agreed the Memorandum of Sale and Standard Sale Agreed Letter should be sent out to the following parties: i) The client ii) The buyer iii) The client s solicitor iv) The buyer s solicitor 7 Upon completion the Standard Invoice should be sent out to our client s solicitor/conveyencer

27 HANDLING COMPLAINTS To ensure that all complaints are responded to and handled in a consistent and professional manner. All staff Frequency: As and when a complaint is received The Complaints Log 1 Each Branch will maintain a Complaints Book. 2 Any complaints, which arise must be noted in the Complaints Book and details passed to the Branch Manager. Complaints from Customers or Clients 1 Where any customer/client makes a complaint personally, staff should always be polite and pass the customer to the most senior member of staff available at the time. 2 Where the Branch Manager is not available, full details of the complaint must be noted in the complaints book and the customer should be advised that they will be contacted as soon as possible, at the latest the next working day. 3 Where the customer insists on the complaint being handled immediately the most senior member of staff available should attempt to resolve the situation and pass the details to the Branch Manager or one of the Directors as soon as possible. 4 Where genuine attempts by a staff member fail to resolve the situation, the complaint should be passed to one of the Directors for action. 5 All written complaints should be responded to within 48 hours, even if this is only to advise that further enquiries are required.

28 4 Where a complaint is resolved, written confirmation should be sent to the customer as soon as the situation is resolved. 6 Where a complaint is not resolved written confirmation of the action offered and/or the reasons for our stance should be sent to the customer as soon as possible. 7 Copies of all correspondence and notes on any telephone calls or meetings with customers must be held on file. Complaints from Trading Standards Officers 1 If approached by a Trading Standards Officers (TSOs) staff must confirm the identity of the TSO by asking for an ID card. 2 Any member of staff approached by a TSO should not answer any questions until they have spoken to one of the Directors, as members of staff are not authorised to speak on behalf of Farrell Heyworth in such matters. 3 The passing of any documentation to a TSO must be agreed by one of the Directors. 4 Copies of any document provided to a TSO must be taken before they are provided. 5 Where staff are unable to contact one of the Directors for any reason they should request that the TSO calls back when one of the Director is available. If the TSO is insistent, staff must cooperate with the officer, but should make notes of what occurred and enter the details in the complaints Book.

29 STAFF TRAINING To comply with our Policy Statement we maintain an on going training policy. All staff Frequency: As deemed appropriate 1 All staff involved in service provision will be provided with access to a copy of this manual. 2 All staff involved in service provision will be required to read the manual and answer all the questions in the Training Questionnaire correctly. 3 A record of this will be held on file, in addition to the record indicating that the member of staff has read the procedures that relate their own individual job and that they understand them and are aware of the need to comply with the procedures in order to ensure the obligations of the company are met. 4 On going informal training of staff will take place on a daily basis and will be initiated by senior staff members when it is felt appropriate. 5 Training needs of staff will be discussed by senior staff, at relevant times. 6 Additional in-house or external training will take place, as and when it is deemed appropriate by the Directors. 7 Records of all training will be held on file.

30 Name: INDIVIDUAL STAFF TRAINING RECORD Address: Position: I confirm that I have been provided with a copy of the Farrell Heyworth Independent Estate Agent Trading Standards Compliance Manual. I have read the manual and I fully understand the procedures within it that relate to the post I hold and I confirm my willingness to comply, to the best of my ability. Signed: Dated: ADDITIONAL TRAINING Date Details Signature

31 PERFORMANCE MONITORING To ensure that all staff follow the procedures within this manual and others that may also be in place. Branch Managers/Training Manager Frequency: On going, as required 1 As part of our commitment to ensuring compliance with our legal obligations the actions of staff will be continually monitored. 2 The Branch Manager will check on compliance matters on an ongoing basis. Random checks will be carried out to ensure that staff complete the relevant documentation required. 3 Upon completion of a transaction the Branch Manager will be provided with the property File. This file will be checked to ensure all relevant actions were performed and that all relevant documentation was completed and held on the file. 4 Where any non-compliances are identified the Branch Manager will discus the failure with the relevant staff member and re-train as required. 5 At random intervals the Training Manager will visit the branch and examine a sample of documents and records created over the preceding period to ensure that the procedures laid down in this manual have been complied with. This may include visiting properties to examine the prepared Sales Particulars against the property. 6 A record of these random checks will be held on file by the Training Manager. 7 Any non-compliance's will require remedial action and confirmation of the action taken. These will be noted on the Non-conformance Report, a copy of which will be provided to the Branch Manager for attention. Once the remedial action has been undertaken the form

32 must be faxed to the Training Manager, who may re-visit the branch to verify the action taken. 8 On a quarterly basis the Training Manager will provide a report to the Directors outlining the results of the Branch Monitoring that took place during the previous quarter. 9 Members of staff who are continually found not to be complying with the procedures in this manual may face disciplinary action.

33 DOCUMENT CONTROL & AMENDMENT To ensure that the manual is up to date at all times. Directors Frequency: As and when required. 1 The Master copy of this Manual is held within head office for the use of staff. 2 All copies are to be controlled by the Branch Managers. 3 Any procedures appropriate to an individual may be copied and held individually by staff for reference. 4 Whenever an amendment of the Manual is made any superseded documents should be crossed through, marked superseded and placed at the back of this manual. 5 New documents should be inserted as soon as the new procedure has been agreed. 6 A copy of any amendment must be provided to the member/s of staff it will affect.

34 AUDIT & REVIEW To ensure that the manual maintains its relevance as the business develops. Directors Frequency: Random audits and a Quarterly review Audit 1 Each Branch will be audited on a regular but random basis based around the assessed risk from the previous audit, following the procedures laid down in this manual. 2 The audit will consist of a check of relevant files to ensure that the procedures are being complied with together with other checks as deemed appropriate. 3 Non-compliance's will be noted and acted upon. Review 1 The procedures within this manual will be reviewed on a quarterly basis by the Directors. 2 Minutes of the meetings will be taken and held on file. 3 Should an integral problem with systems arise during the year, an Emergency Review Meeting may be convened to discuss the problem. 4 Review Meetings will be attended by internal and/or external personnel deemed appropriate by the Directors. 5 Amendments will take place, if deemed appropriate at the conclusion of the review meeting.