The panel members were Mr. Neville Pedersen FNAEA (Honoured) MARLA (Honoured), (member panellist acting as the Chairperson for the Tribunal); Mr. Steven Shaw (lay panellist); and Mr. Edward Johnson MARLA (member Panellist).
The presenting Case Officer for Propertymark was Miss Farrah Gibson. Mr Robert Pavitt attended the Hearing in person.
Allegations
The Tribunal considered the allegations set out in the case summary sent to Mr Pavitt.
It was alleged that Mr Pavitt had acted in contravention of the requirements of the following Propertymark Conduct and Membership Rules.
- Conduct Rule 5: Propertymark Client Money Protection
- Conduct Rule 13: General duty to uphold high standards of ethical and professional behaviour
- Conduct Rule 13: Duty to assist in disciplinary proceedings
Decisions
After consideration of the evidence presented and submissions by the parties, the Tribunal announced the following findings:
- Conduct Rule 5: Proven
- Conduct Rule 13: Proven
- Conduct Rule 13: Not proven
Sanctions
- Conduct Rule 5: £1,000
- Conduct Rule 13: £1,000
Additionally, the costs of this Hearing of £492 were imposed against Mr Pavitt in favour of Propertymark.
Closing Statement
The Tribunal made the following statement:
'We thank Mr Pavitt for his attendance today under very difficult circumstances. We appreciate the problems you have had but as a member of this Association, you have signed up to a set of rules which we should look to enforce. As a PPD (Principle, Partner, Director) you are ultimately responsible for oversight of your co-director and your employees.
Under Rule 5, in the event of a Client Money Protection payment made by Propertymark a PPD is jointly and severally liable to indemnify Propertymark or its insurers in respect of any such payment.'
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