How do you treat others with respect?
How do you promote diversity and inclusion in the work place?
What does an inclusive/diverse workplace look like?
Workplace where everyone feels respected, regardless of their background, gender, race, religion, or sexual orientation.
What does ‘Subject to Contract’ mean?
Used in negotiations to indicate that the parties do not intend to be bound by the terms of an agreement until a formal contract is signed.
How are you adhering to the Rules of Conduct through ‘Subject to Contract’?
Rule 3
- High level of service to my client and protecting their interests
-It allows me to conduct due diligence and ensure that all the terms of the deal are satisfactory before committing to a legally binding agreement.
**Rule 5- responsibility **
Acting responsibly to protect my client’s position for example when rent reviews
It promotes transparency in real estate transactions
This can help to avoid misunderstandings and disputes later on.
What does ‘without prejudice mean’?
During negotiations, the opposing party cannot rely upon any documentation which are labelled ‘Without Prejudice’…
…where representations made in litigation to a judicial body.
The information is therefore ‘privileged’
How are you adhering to the Rules of Conduct through ‘Subject to Contract’?
Rule 1 – Honesty
Promotes open and honest communication between parties
Rule 3 – Service
- Protects my clients interests
-It allows me to conduct due diligence and ensure that all the terms of the deal are satisfactory before committing to a legally binding agreement.
Rule 5- responsibility
Acting responsibly to protect my client’s position for example when rent reviews
**Transparency and clarity **
This can help to avoid misunderstandings and disputes later on.
What is your level 2 example?
Valuation of PBSA Scheme (Market Square House)
How did you know you were competent?
S- skills
U- understanding
K- knowledge
How did you determine there was no conflict?
What is a conflict of interest?
When a member or firm’s independence and impartiality is threatened…
…due to the existence of a conflict between clients.
What is the guidance on conflicts of interest?
RICS Professional Standard ‘Conflicts of Interest (2017)
What is the salient point of the CoI RICS Guidance?
A member must not advise or represent a client where doing so would involve a conflict of interest or a significant risk of a conflict of interest
UNLESS
provided informed consent in writing
What are the THREE types of conflict?
Conflict avoidance
Conflict is irresolvable because your impartiality is compromised
When would you consider conflict management?
If it can be properly managed maintaining TRANSPARENCY and OPENNESS.
What is the process of conflict management?
WRITTEN ADVICE TO BOTH PARTIES
Set out the following THREE to both parties:
1. Nature of the conflict
2. Be clear, to ensure both parties can make their own decisions.
3. Request written confirmation from both clients of informed consent that your firm can act in accordance with the procedures proposed.
CONFLICT MANAGEMENT
Once written consent is received, set up an information barrier
What is an example of conflict management you have faced?
What THREE things must be included in a ToE?
What 3 steps should be followed before starting an instruction?
What was included in your ToE? (Example)