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
Lloyd Daly & Associates
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.
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
N.B. It is the policy of the PSRA to redact names after a 2 year period.
|Company or Individual Convicted||
(District or Circuit)
|Outcome||Court Outcome||Fine||Costs Awarded to the PSRA||Charitable Contribution|
|Richard Finn, Martin Finn & Co. Auctioneer and Insurances and/or Martin Finn & Co. Auctioneers & Valuers, Dalton Street, Claremorris, Co. Mayo||District||Found Guilty and Conviction Recorded||19/09/2019||€500||€2,500||N/A|
|Austin McInerney, McInerney Auctioneers, Church Street, Gort, Co. Galway||District||Guilty Plea and Conviction Recorded||25/04/2019||N/A||€5,000||N/A|
|Roger O’Sullivan, Ross Road, Killarney, Co. Kerry||District||Guilty Plea and Conviction Recorded||05/03/2019||€1,900||€650||N/A|
|Austin McInerney, McInerney Auctioneers, Church Street, Gort, Co. Galway||District||Guilty Plea and Conviction Recorded||22/11/2018||€500||N/A||N/A|
|Unlicensed Mart||District||Guilty Plea, Court Recorded the Facts as Proven but Conviction Not Recorded||15/06/2017||N/A||€10,000||N/A|
|Director of Unlicensed Estate Agents||District||Guilty Plea, Probation Act and Charitable Contribution||16/12/2015||€500||N/A||€7,307.39|
|Unlicensed Estate Agents||District||Guilty Plea and Conviction Recorded||06/07/2015||€16,500||€9,306.14||N/A|
|Unlicensed Estate Agents||District||Guilty Plea, Probation Act and Charitable Contribution||03/11/2015||N/A||€6,815.50||€1000|
|Unlicensed Estate Agents||District and Circuit||Guilty Plea and Conviction Recorded. Fine Reduced on Appeal and D.C. Costs Confirmed by the Circuit Court||