Andrew Farquharson

Estate agent: Andrew Farquharson

Type of Order: Warning

Date Order made:  24 August 2007

Details of order under section 3(2)(a) : 

1. Acting on the authority of the Office of Fair Trading (the OFT) under paragraph 12 of Schedule 1 to the Enterprise Act 2002, I am satisfied that Mr Andrew Farquharson currently working in Essex has

a) engaged in an undesirable practice in that he failed to comply with Paragraph 2 of Schedule 3 of the Estate Agents (Undesirable Practices) (No.2) Order 1991 in respect of two offers within the meaning of section 3(1)(d) of the Act

b) committed serious misrepresentation and thereby is in breach of a duty owed under section 3(2) of the Act to his client, his former employer  and the Court of Protection

c) breached his contractual duty to his former employer by failing to comply with various company procedures, thereby breaching a duty owed by any enactment, contract or rule of law which is material to his fitness to carry on estate agency work, within the meaning of section 3(2) of the Act.

2. Taking into account the matters set at paragraph 1 above I am satisfied that if Mr Farquharson were again to fail to comply with the above statutory obligations or to continue to engage in the above practice the OFT would consider him unfit to practice estate agency work and would make an order under section 3 of the Act. Accordingly, I make an order warning of these matters

3. The order shall not come into operation until any appeal under section 7 of the Act and any further appeal has been determined or the period in which such an appeal may be brought has expired.

Date Order in operation: 22/09/2007

Press release: 130/07

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