The panel members were Mr. Richard Hair PPNAEA (member panellist acting as the Chairperson for the Tribunal); Mr Richard Copus FNAVA FNAEA (Honoured) (member panellist); and Mrs Jane Bennett (lay panellist).
The presenting Case Officer for Propertymark was Miss Farrah Gibson.
Mr Kaveh Barzegar did not attend the Hearing. The Hearing took place in private and was recorded.
Allegations
The Tribunal considered the allegations set out in the case summary sent to Mr Barzegar.
It was alleged that Mr Barzegar had acted in contravention of the requirements of the following Propertymark Conduct and Membership Rules.
- Conduct Rule 1.14: Payments out of a Client bank account
- Conduct Rule 1.18: Record keeping
- Conduct Rule 1.19: Books of record
- Conduct Rule 1.23: Reconciliation(s) – format and frequency
- Conduct Rule 14: Duty to Assist in Disciplinary Proceedings
- Conduct Rule 23: Continuing Professional Development (CPD)
Decisions
After consideration of the evidence presented and submissions by the parties, the Tribunal announced the following findings:
- Conduct Rule 1.14: Proven
- Conduct Rule 1.18: Proven
- Conduct Rule 1.19: Proven
- Conduct Rule 1.23: Proven
- Conduct Rule 14: Proven
- Conduct Rule 23: Proven
Sanctions
- Conduct Rule 1.14: £1,000
- Conduct Rule 1.18: £1,000
- Conduct Rule 1.19: £1,000
- Conduct Rule 1.23: £2,000
- Conduct Rule 14: £1,000
- Conduct Rule 23: £100
Along with suspension of Mr Barzegar's NAEA membership. Additionally, the costs of this Hearing of £517.50 were imposed against Mr Barzegar in favour of Propertymark.
Closing Statement
The Tribunal made the following statement:
'We note that there was a compliance audit completed on the 23rd of September 2024 and since then despite requests there is no evidence of any reconciliation’s having occurred.
The lack of reconciliation’s is a very serious concern, and we request suspension of the member pending evidence of a satisfactory compliance audit in the future. This satisfactory audit should take place within a 6-month period. In the absence of that satisfactory audit within 6 months, that membership be terminated.'
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