Code of Professionalism

Professionalism

The standards of performance and results by consultants will include the following;

Regular notifications and reporting, typically completed on a weekly basis.
Focus is always on the completion of program targets and programs.

General Code for Mountesque Consultants

Act in the best interests of the client and act in accordance with the client’s instructions unless doing so would be contrary to law.

Will not engage in any conduct that would put a prospective client, client, or customer under undue or unfair pressure to change, alter or divert the standard business operation.

Communicate regularly, in a timely manner, keeping the client well informed of matters relevant to the client’s interest, unless otherwise instructed by the client. A licensee must not mislead customers on the changed expectations of the client.

Take due care to— (a) ensure the security of property, equipment, information and every business service which the consultant is carrying out; and (b) avoid risks of damage that may arise from Mountesque, or outside professionals, accessing the land, other property or/and any physical aspect of the asset.

Unless authorised by a client through a consultancy agreement, the consultant will not expose any information about the asset outside the remit and scope of the mandate, consultancy agreement and contractual documents.

Before a prospect, client, or customer signs a consultancy agreement, or other contractual document, the consultant must— (a) recommend that the person seek legal advice; and (b) ensure that the person is aware that he or she can, and may need to, seek technical or other advice and information; and (c) allow that person a reasonable opportunity to obtain the advice.

Will not take advantage of a prospect's, client’s, or customer’s inability to understand relevant documents where such inability is reasonably apparent.

To submit a consultancy agreement or a sale or other contractual document to any person for signature with all material particulars inserted into or attached to the document.

Always explain to a prospect that if he or she enters into or has already entered into other agency agreements, he or she could be liable to pay full commission and rates to more than 1 agent in the event that a transaction is concluded.

On notice of conclusion and cancellation of a consultancy agreement received, the consultant will advise the client, in writing, the remaining names of customers scheduled to view the asset, for which in the event of a successful transaction, Mountesque would still be eligible for it's commission.

The consultant will not impose conditions on a client through a consultancy agreement that are not reasonably necessary to protect the interests of the agent.

When authorised by a client to incur expenses, the consultant will seek to obtain the best value for the client.

Conflicts of interest

• A consultant must not act in a capacity that would attract more than 1 commission in the same transaction.

• A consultant must not engage in business or professional activity other than real estate agency work where the business or activity would, or could reasonably be expected to, compromise the discharge of the consultant's obligations.

Confidentiality

• A consultant must not use information that is confidential to a client for the benefit of any other person or of the licensee.

• A consultant must not disclose confidential personal information relating to a client unless— (a) the client consents in writing; or (b) disclosure is necessary to answer or defend any complaint, claim, allegation, or proceedings against the licensee by the client; or (c) the consultant is required by law to disclose the information; or (d) the disclosure is consistent with the information privacy principles in section 6 of the Privacy Act 1993.

• Where a consultant discloses information under rule 9.17(b), (c) or (d), it may be only to the appropriate person or entity and only to the extent necessary for the permitted purpose.

Client and Customer Care

for Sellers’ Agents

The following rules are applicable under Mountesque's Code of Professionalism, concerning the care of both clients and customers and must be executed by all relevant consultants of Mountesque who are entering, or who have entered into an agency agreement with a client for the grant, sale, or any other form of disposal in land and buildings.

Appraisals and pricing

• An appraisal of land or a business must— (a) be provided in writing to a client by a licensee; and (b) realistically reflect current market conditions; and (c) be supported by comparable information on sales of similar land in similar locations or businesses.

• Where no directly comparable or semi-comparable sales data exists, a licensee must explain this, in writing, to a client.

• An advertised price must clearly reflect the pricing expectations agreed with the client. 4 Relationship between prospective client’s choices about how to sell and licensee’s benefits

• Before a prospective client signs an agency agreement, the licensee must explain to the prospective client how choices that the prospective client may make about how to sell or otherwise dispose of his or her land or business could impact on the individual benefits that the licensee may receive.

Agency agreements

Before a prospect signs an agency agreement, a licensee must explain to the prospective client and set out in writing

The conditions under which commission must be paid and how commission is calculated, including an estimated cost (actual $ amount) of commission payable by the client, based on the appraisal.

(b) When the agency agreement ends.

(c) How the land or business will be marketed and advertised, including any additional expenses that such advertising and marketing will incur:

(d) That the client is not obliged to agree to the additional expenses referred to in rule 10.6(c):

(e) That further information on agency agreements and contractual documents is available from the Authority and how to access this information.

Disclosure of Defects

A consultant is not required to discover hidden or underlying defects in land but must disclose known defects to a customer. Where it would appear likely to a reasonably competent consultant that land may be subject to hidden or underlying defects; a licensee must either—

(a) obtain confirmation from the client, supported by evidence or expert advice, that the land in question is not subject to defect; or

(b) ensure that a customer is informed of any significant potential risk so that the customer can seek expert advice if the customer so chooses.

A consultant must not continue to act for a client who directs that information of a type detrimental to any purchaser be withheld.

Advertising and marketing

A consultant must not advertise any land or business on terms that are different from those authorised by the client.

Client and Customer Care for Buyers’ Agents

Buyers 's Consultant

These rules apply where a consultancy agreement authorising an consultant to undertake real estate consultancy work for a client in respect of the purchase or other acquisition of land or a buildingon the client’s behalf (a buyer’s agency agreement) is being entered into, or has been entered into.

Before a prospective client signs a buyer’s agency agreement, a consultant must explain to the prospective client and set out in writing any risk that a consultant, could reasonably be expected to know of that risk, whether or not a seller directly discloses any structural or environmental issues. While a customer is expected to inquire into risks regarding a property and to undertake the necessary inspections and seek advice, the consultant will not take advantage of caveat emptor.

The consultant must submit all offers that the licensee is instructed by the client to make concerning the purchase or acquisition of any land or business, provided that such offers are in writing.

The consultant, employed or engaged by Mountesque, must provide the agent with a copy of every written offer that the consultant submits.

Mountesque retains for a period of 12 months, a copy of every written offer submitted, regardless of whether or not the offer resulted in a transaction.

Contractual Documentation and Record Keeping

The consultant will set out in writing the following;

a) The conditions under which commission must be paid and how commission is calculated, including an estimated cost (actual $ amount) of commission payable by the client, based on the average of the estimated price range of the land or business that the client is seeking to purchase.

b) When the agency agreement ends.

e) Any additional services that the consultant will provide, or arrange for the provision of, on the client’s behalf and the expenses relating to those services payable by the client.

f) That the client is not obliged to agree to the additional expenses other than those specified at the outset.

e) That further information on agency agreements and contractual documents is available from the Mountesque Office and how to access this information.

A consultant must submit to the client all offers concerning the grant, sale, or other disposal of any land or business, provided that such offers are in writing.

If a consultant is employed or engaged by an agent, the licensee must provide Mountesque with a copy of every written offer that the consultant submits.

A consultant must retain, for a period of 12 months, a copy of every written offer submitted. This rule applies regardless of whether the offer was submitted by the agent or by a consultant employed or engaged by Mountesque and regardless of whether the offer resulted in a transaction.

The consultant must not undertake real estate agency work with customers, or consultants from other organisations, on terms that are different from those that are authorised by the client on whose behalf the consultant is carrying out real estate agency work.