The Property Services (Regulation) Act 2011 (the Act) provides for a wide range of measures designed to ensure that licensees operate in a fashion that is fair to their clients. The Act also provides a significant degree of assurance to the general public and security for the clients of licensees. Inspectors of the Authority have comprehensive powers to carry out investigations into complaints of improper conduct. Following a finding of improper conduct by the Authority, the Authority has the power to impose stringent sanctions on any licensee found to have engaged in improper conduct.

Major Sanction Under Section 68 and Confirmed By High Court

Company or Individual

Convicted

 

Major Sanction

 

Estate Agent

 

 

On 14 July 2016, the Property Services Regulatory Authority (the “Authority”) considered a Report prepared by its inspection team following a complaint, and a subsequent investigation in respect of a licensee. The Authority was satisfied that improper conduct had occurred arising from, inter alia, the management of booking deposits received by the Licensee.

In determining the appropriate sanction, the Authority took into account various factors including the fact that no client of the Licensee had suffered any permanent financial loss. The Authority decided to impose a major sanction and directed the licensee to pay the sum of €25,000 into the Property Services Compensation Fund. As required by the Property Services (Regulation) Act 2011, this sanction was confirmed by order of the High Court on 10 October, 2016.

 

 

Prosecutions Taken By The PSRA Resulting In A Guilty Plea By The Defendants

N.B. in 3 of the 4 instances set out below, the judge court gave the person/company the benefit of the probation act, thus avoiding the recording of a conviction against them. In each case a charitable contribution and/or court costs were directed by the court to be made. In a fourth case, involving a limited company, the court decided not to record a conviction. In the absence of a recorded conviction the authority does not identify parties to a prosecution.

Company or Individual Convicted

Court (District or Circuit)

Outcome

Court

Outcome

Amount of

Charitable

Contribution

Amount of Costs

 

Unlicensed Mart

 

D

 

Guilty Plea, Facts recorded as proven

 

15/6/2017

 

Nil

 

Undisclosed Costs

 

*In accordance with the PSRA’s Communication Policy, publication of major sanctions, revocations, convictions and prosecutions is for a period of 2 years or the period of revocation/suspension.