The panel members were Mr Jim Atkins PPNAEA (Honoured) (member panellist acting as the Chairperson for the Tribunal); Mr Richard Hair PPNAEA (Honoured) (member panellist); and Mr Stephen Shaw CBE (lay panellist).
The presenting Case Officer for Propertymark was Mr Ali Haider. Mr Jibunoh attended the Hearing via Zoom.
Allegations
The Tribunal considered the allegations set out in the case summary sent to Mr Samuel.
It was alleged that Mr Samuel had acted in contravention of the requirements of the following Propertymark Conduct and Membership Rules.
- Conduct Rule 1.6: Key Elements
- Conduct Rule 10: Declarations
- Conduct Rule 13: General duty to uphold high standards of ethical and professional behaviour
Decisions
Mr Jibunoh entered a plea accepting the alleged breach of Rule 10 but denying the breaches in relation to the Rules 1.6 and 13.
- Conduct Rule 1.6: Proven
- Conduct Rule 10: Admitted
- Conduct Rule 13: Proven
Sanctions
- Conduct Rule 1.6: £600
- Conduct Rule 10: £400
- Conduct Rule 13: £600
In addition, the costs of £1,080.82 from this Hearing and of the earlier adjourned Hearing were imposed against Mr Jibunoh in favour of Propertymark.
Closing Statement
The Tribunal made the following statement:
'We are disappointed that the penalties offered to you previously by Propertymark were not accepted, as they would have negated the necessity of the previous hearing date adjourned and today’s Tribunal. In your mitigation statement, you acknowledged and accepted our findings. It is our opinion that you should have sought advice in respect of your business activities in advance.'
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