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Surrey estate agent banned

131/07    13 September 2007

The OFT has made a Prohibition Order against a Surrey estate agent banning him from estate agency work.

On 14 February 2007, at Guildford Crown Court, Azim Malook pleaded guilty to seven offences of obtaining property by deception contrary to the Theft Act 1968 and was sentenced to 51 weeks imprisonment suspended for two years, 100 hours unpaid work and 12 months' supervision.

Mr Malook, who worked for Haart estate agents in Dorking, dishonestly obtained £13,800 from Haart's clients.

Ray Hall, OFT Director of Markets and Projects said:

'Estate agents who prey on their own clients bring their entire profession into disrepute. The OFT will not hesitate to take the strongest possible action against them.'

NOTES

1. The OFT can take action with a view to banning from estate agency work a person (and for the purposes of the Estate Agents Act this can also be a company or a partnership) who has been convicted of certain specified offences such as fraud, or other dishonesty or violence; or who has committed racial or sexual discrimination in the course of estate agency work; or who has failed to comply with the requirements placed on estate agents by the Estate Agents Act 1979 and its associated regulations ('the Act'), or who has engaged in specified undesirable practices, if an adjudicator finds that the person in question is unfit to act as an agent.

2. Before a Prohibition Order is issued, the person concerned has the right to make representations to the OFT as to why the Order should not be made. If these representations are unsuccessful, subsequent appeal can be made to the Department for Business, Enterprise and Regulatory Reform.

3. Adjudicators issue and determine Prohibition and Warning Notices under the Act. They do so on behalf of the OFT, but make individual and independent decisions based upon the contentions in a Notice, the evidence attached to a Notice and the representations of those to whom a Notice is addressed. Representations may be made in writing and at an oral hearing.

4. An adjudicator determined that Mr Malook was unfit to carry on estate agency work generally. A Prohibition Order was made in respect of Mr Malook on 24 August 2007. The Order will not come into operation until the period in which any appeal could be made under section 7(1) of the Act has expired. Mr Malook has until 21 September 2007 to lodge such an appeal.

5. After an Order has been made, the person affected can at any time, and on payment of a fee, currently £2,500, apply to the OFT for the Order to be varied or revoked.

6. The Act covers anyone who, in the course of business, is engaged in 'estate agency work'. This means introducing to someone else a person who wishes to buy, sell or lease land or property, and/or being involved in negotiating the subsequent deal. The work must be in the course of business, whether as employer or employee, and as a result of instructions from a client. The land or property may be commercial, industrial, agricultural or residential.

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