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Code of Professional Conduct

THIRD SCHEDULE
(Regulation 6 (1))

CODE OF PROFESSIONAL CONDUCT

PART  1 DUTIES OF AN ESTATE AGENT

 

1.    Every estate agent shall undertake in a professional manner to abide by the fundamental principles and rules enunciated set out in Part III of this Schedule.

2.    Where an estate agent has knowledge or reason to believe that any other person or firm has violated any of the fundamental principles or rules, that estate agent shall furnish in writing, to the Council information concerning such violation, and shall co-operate fully with all concerned in furnishing such further information or giving such further assistance as may be required.

3.    No estate agent shall lodge with the Council a complaint against another estate agent on behalf of a person who is not an estate agent.

4.    No estate agent shall prevent or attempt to prevent the lodging of a complaint with the Council against another estate agent in violation of the fundamental principles and rules.

PART II DUTIES OF THE COUNCIL

1.    The Council shall afford persons who are not estate free and unimpeded access to the Council to make complaints against estate agents.

2.    Where a member of the public makes a complaint against an estate agent, the Council shall take all reasonable steps to bring that complaint to the notice of the estate agent against whom the complaint is made.

3.    The Council shall treat a complaint lodged against an estate agent and an investigation carried out into such complaint as confidential and shall not allow
that complaint and investigation to be open for public inspection except for the estate agent complained against and the complaint who lodged the complaint.

PART III FUNDAMENTAL PRINCIPLES

7.    An estate agent shall uphold and foster the integrity and dignity of the profession by-
    (a) using his knowledge and skills for the enhancement and protection of both client and
                public interests;
    (b) being honest impartial, and serving with fidelity the public, his employers and clients;
            (c) striving to increase the competence and integrity of the profession; and
           (d) supporting the professional institutions of the profession.


PART IV

GUIDELINES OF FUNDAMENTAL ETHICS AND RULES

1.    No estate agent shall –
(a)    offer or undertake to offer the sale or let of immovable property without a mandate;

(b)    accept or undertake to accept to purchase or rent immovable property without a mandate;

(c)    unduly influence any person to confer upon that estate agent a mandate;

(d)    accept a mandate in a transaction where that estate agent is not qualified or competent;

(e)    inform a seller or purchaser of immovable property of a prospective offer to sell or purchase immovable property ,or a landlord or tenant of immovable property of a prospective offer to let or rent unless that offer is –


                                 (i) In writing; and
                     (ii) the agent offers the property and informs the vendor of the
                           offer as mandated;
(f)    Knowingly or negligently make a material misrepresentation, in respect of the market or rental value of immovable property, to a vendor or lessor so as to obtain a mandate in respect of that property;

(g)    During the course of business use a firm or trading name belonging to different estate agent or that resembles such name so as to deceive, or cause confusion among, the public,

(h)    Willfully or negligently:-
              (i)prepare or cause any person to prepare an oral or written false statement;
              (ii) sign any false statement;
   (iii)maintain any false books of accounts and or other records; or
    (iv)Fail to present or cause an employee, agent or a partner to fail to present   
          to a client an offer to sell or acceptance to purchase immovable property   
           received prior to the execution of a contract of sale, unless the client
          has instructed the  estate agent not to present that offer to sell or
          acceptance to purchase;

(i)    advertise immovable property in respect of which that estate agent is given a mandate to sell or let, at price or renal other than that agreed upon by the estate agent and the seller or lessor of that property;

(j)    publish or cause to be published any advertisement which contain misrepresentation or false statements;

(k)    affix a notice to immovable property indicating that the property is for sale or rent, or has been sold or let, unless the seller or lessor  has given written consent in the mandate to the estate agent to affix that notice;

(l)    amend a provision of any document or agreement duly executed by a client without the consent of that client.

(m)    present a competing offer to sell or an acceptance to purchase immovable property to a client in manner that induces a client to accept, an offer to sell or an acceptance to purchase, without due regard to the advantages and disadvantage of that offer or acceptance to the client.

2.    An estate agent shall not accept to be appointed as estate agent to the exclusion of any other estate agent unless –
(a)    the terms of acceptance of  a mandate or extension of that mandate are in writing, and signed by both the estate agent and the client;
(b)    the expiry date of a mandate is recorded in writing;
(c)    there is an option to extend a mandate; or

3.    Where an estate agents, a power of attorney and a mandate to the exclusion of all other estate agents, the estate agent shall not accept to be conferred with that power of attorney and mandate unless the intention and effect of that power of attorney is contained in the document conferring the mandate.

4.    Where a mandate is outside the field or competence of the estate agent, the estate agent shall accept that mandate by disclosing in writing to the client that the estate agent shall be assisted by a competent and qualified agent.

5.    Unless the estate agent has disclosed in writing to the client that the estate agent has a conflict of interest with the client, the estate agent shall not accept a mandate from the client.

6.    An estate agent shall –
(a)    provide the purchaser or lessee of immovable property with all materials facts which are reasonably within the personal knowledge of the estate agent;
disclose to a client the name and terms of a franchise if that estate agent operates under a franchise;
(b)    provide a client, in the estate agent’s capacity as estate agent, with information relating to the meaning and legal consequences of the provisions of an agreement prepared by the estate agent;
(c)    refer to a client to a legal practitioner, where the estate agent is unable to provide the information prescribed in paragraph (c ); and
(d)    duly furnish a client without delay a copy of an agreement in respect of which the estate agent has a mandate.

7.    An estate agent carrying on a business of providing estate services as a sole proprietor or in partnership with another estate agent shall be liable in any civil action in respect of any act or thing done or omitted to be done by that estate agent, or by an employee, agent or partner of the estate agent.

2.  EXAMINATIONS FOR REGISTRATION
    (a) The ZIEA council retains all rights to constitute the syllabus and put in place an examinations
     board which shall be responsible for all  examinations for estate agents. Trainers may only be out
   sourced to train with the approval of ZIEA while the ZIEA should remain the  examining board.
(b) The Property Management is a component of estate agency and therefore all property managers must be and trained and certified by ZIEA.

3. ESTATE AGENTS RELATIONS WITH FELLOW ESTATE AGENTS
    Members may agree to collaborate businesses on terms and conditions agreed upon between them. No
    member of the institute   shall deprive another member, of  benefits that the members may have agreed
  upon.

4. PENALTY FOR NON/LATE SUBSCRIPTION
    The council may not renew the membership of any member who fails to pay annual subscription within   
   the period determined by the council.              
  (Three MONTHS)The defaulting member should be suspended from practice in that year that the  
  member defaults. Furthermore, in the  following year, the member should clear up all arrears before the
   membership  can be  normalised to practice.
 The proposed penalty should be 50% of arrears

6.  PROCESSION OF DOCUMENTS
 The agent shall obtain the necessary details from the Vendor or Landlord; for example title deeds to be kept on file for the purposes presentation to the ministry of land and ZRA or any other authorities as may be required
.    The registered agent will make submissions directly to ministry of Lands, city councils and any other municipal authority for purposes of transfer or change of ownership. However, the agent must be competent enough to do so and if not he or she must inform the client accordingly.
.    Any member of the public wanting to transact or rent out property may only do so at the registered agent’s office. Any transactions dealt with in streets without the agent showing the client his or her physical business address will be not be recognised by the   Institute in an event of any wrong doing on either side.
.    No agent shall process any document pertaining to change of ownership or transfer unless they are competent enough. Failure to disclose this material will be an offence under these rules and regulations.

7. PAYMENTS     
A registered agent will be at liberty to take legal action against any client who fails to settle fees as agreed in the mandate, including pressing a caveat on the property.

8. VIEWING OF PROPERTY
.    No agent shall charge viewing fees to a client.
.    No agent shall charge finder’s fees to a client
.    The agent and his or her client shall make arrangements on how to view the
                            property

9. TRAINING ATTACHMENTS

For the promotion of the estate agency sector and good professional practice in estate agency all registered estate agents will be obliged to provide industrial attachment. Failure to provide attachment by a registered agent will call for disciplinary action from the ZIEA

10. All registered members of the institute -shall have a registration number that will as well reflect on the all certificates.

11. All members of the institute shall be identified by their registration number.

12. All agents are supposed to carry out customer due diligence and report any suspicious sources of funding, financing of terrorism and other serious offences to ZIEA Secretariat.

13. All agents are required to report any property suspected   to have been bought as a result of serious offences committed.

 

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