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

 

Lloyd Daly & Associates

Limited

On foot of received complaints, an inspector of the Authority was appointed to carry out an investigation into the conduct of this company.

 

Following consideration of the inspector’s Final Reports, the Authority decided to impose a major sanction and the licensee was directed by the Authority to pay the sum of €7,500 into the Property Services Compensation Fund.  In determining the appropriate sanction, the Authority took into account various factors.  The sanction was unopposed by the licensee and his legal team in court.

 

The sanction was subsequently confirmed by the President of the High Court Mr. Justice Peter Kelly on 9 November 2018.

 

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 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

Austin McInerney of Church Street, Gort, Co. Galway trading as McInerney Auctioneers

 

D

Guilty Plea and Conviction Recorded 22/11/2018 €500 fine

 

Unlicensed Mart

 

D

 

Guilty Plea with Facts Proven Absent a Recorded Conviction

 

15/6/2017

 

Nil

 

*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.