Thomson And Stonehouse Associates Construction Essay

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By this we have received and thoroughly reviewed your complaint letter and feel that we owe you our deepest apologies for the inconvenience and incompetent of our surveyor on the subject of the negotiation matter. I will make an internal investigation concerning about this issues and we will also give a response and explanation to all the queries raised in this following letter.

First of all, I will respond to you first queries about the RICS standard of complaints procedure. In RICS Rules of Conduct for Firms 2007, stated that 'a firm shall operate its complaints handling procedure and maintains a complaints log and must include alternative dispute resolution (ADR) mechanism that is approved by Regulatory Board' (RICS, 2007, p. 05). By referring to the RICS, the first step before making a complaint to RICS is to contact the member of a firm as being reflected in your letter to us dated 8 October 2012 and after that you have to deal your complaint through our firm's CHP. Every RICS-regulated firm including our firm are required to have a CHP that is 'Complaints Handling Procedures', it deals with complaints in concern with our firm or our members and surveyors. (RICS, 2012)

What you have to do next?

To make it clear the next step that you have to do as being mentioned before is to deal through our firm's CHP and below will briefly explain about the CHP stages in our firm.

For every RICS regulated firms the successful complaints handling procedure will have two stages:

Complaints will be review and considered by a senior member of the firm or a designated complaints handler.

In the case of failing to solve with the first stage, it will be referred to an independent redress scheme or an independent third party that has the ability to award redress such as an ombudsman. Ombudsman here refer to a third party approved by Office of Fair trading (OFT) as an estate agent redress scheme that investigate the complaints fairly and will decide what necessarily action should be taken (Ombudsman Services Limited, 2012). In addition our firm will give and provide the details of the chosen redress scheme.

(RICS, 2012)

All member and firms have to act professional and obey all rules under the RICS Regulation. As to make it clear you can complaint to RICS Regulation as long as the member or regulated firm have breaches the organisation bye-law and disobey all the rules and regulations. RICS Regulation can only investigate in the case of failing to use the firm's CHP, conviction of criminal offence, conflict of interest and other similar cases. However RICS cannot instruct or restrain their member or firm to do something as the complaint matters must be solved between the clients and the firm or its member. RICS Regulation can only take a proper action to minimise further misconduct. (RICS, 2012)

As regulated by RICS, 28 days were given for our firms to acknowledge a complaint in a full response or if it is not possible, an update regarding the complaints matters. (RICS, 2011)

The second queries are about how our firm will deal with the situation where potential conflicts arise and steps to avoid any conflict. Under the RICS rules of conduct for firms 2007 version 5 part ii no.3, stated that 'a firm shall at all times act with integrity and avoid any conflicts of interest' (RICS, 2007, p. 05). As our firm are regulated under RICS, we act upon all the rules of conduct and will avoid any potential conflict of interest too. Our firm will also encounter this sort of problem and it is unavoidable but can be avoided using various method recommended by RICS. The only difference here is how each firm will deal and manage this state of affairs. As for our firm we follow the steps recommended by RICS on how to overcome and avoid any potential conflict.

The potential conflict here refers to any conflict of interest of the members that may arise with the client by means of financial interest, relationship interest, business interest and many more. (RICS, 2012)

By referring to the RICS website, the best way for a firm to deal and avoid the potential conflict is with openness. The term openness here means to declare all of the potential conflict clearly and as soon possible to all parties involved. Another possible way to deal with the conflict is by creating a 'Chinese wall' that separate parties in order to determine a fair decision. Once the parties have determined the right decision and the surveyor are able to continue, we have to confirm this with the client in the form of writing. Before that solutions have to be obtained first to enable the surveyor to continue. If any party object to the continuity to act then the surveyor can step away from taking the job.

(RICS, 2012)

The RICS decision tree could also be used in assisting in dealing or avoiding any arising conflicts of interest. The solution for every matter or conflict can be found in this decision tree as well. The picture below shows every step in the decision tree. surveyor should not proceed if the answer is no to all of the decision tree question.Professional_and_Ethical_Standards_Decision_Tree.jpg

(RICS, 2012)

Under the Rule of Conduct for Firms 2007, Rule ii No.6 (Training and CPD), confirmed that 'A Firm shall have in place the necessary procedures to ensure that its entire staff are properly trained and competent to do their work' (RICS, 2007, p. 05). As for the third queries about the improvement of negotiation skills, our firm will instruct all of our staff especially the members of RICS to obey, understand and follow the 'RICS Professional and Ethical Standards' guidance. There are five listed standards that our members or staffs need to adhere and demonstrate that are:

Act with integrity

Always provide a high standards of service

Act in a way that promotes trust in the profession

Treats others with respect

Take responsibility

(RICS, 2012)

By following these standards it will at least provide our staff with a precise decision making in which will create an appropriate form of action as well as in negotiation skills (RICS, 2012). Our staff and our firm will also comply with the Code of Conduct set up by RICS in 2009 and the CPD. (RICS, 2009)

Continual Professional Development (CPD) is a commitment of RICS members to update their skills and knowledge in order to remain professionally competent and capable to achieve their fullest potential (RICS, 2012). As for our staff we will first identify the learning that is needed so it will be much easier to decide which activity and subjects that is appropriate. The negotiation skill for our staffs is under the 'professional work -based activities' in the CPD. From the 1st January 2013, a new requirement for CPD was made and every qualified member of RICS are needed to take a minimum of 20 hours of CPD in a year. 10 hours must compromise of formal learning and the remaining is for the informal.

(RICS, 2012)

Our staffs are needed to follow and comply all of the above standards and rule in order to remain competent and capable for their work. These are not only to improve the negotiation skills for our staff but also to improve their professionalism skills as a whole. It will not only bring benefit to the staff but for our firm and also for the easement of the clients as well.

Once again we sincerely apologise for the inconvenience of our surveyor caused to your firm. We will make every effort to see that this will never happen again. We appreciate your business and will provide an excellence service in the future. As to recover your loss on the deal cost I will discuss about the reimbursement matter with the board of director and I will inform you as soon as I have received the decision. Our firm will also contact you in the near future to give a full detail about our firm's CHP. If you have any unclear matter or any question doesn't hesitate to contact us again and we will surely respond to it as soon as possible.

Thank you.

Yours faithfully,

Mr S Sarifudin

Reference and Bibilography

Ombudsman Services Limited, 2012. About the Ombudsman. [Online]

Available at: http://www.ombudsman-services.org/property.html

[Accessed 17 12 2012].

RICS, 2007. Rules of Conduct for Firms, Version 5. [Online]

Available at: http://www.rics.org/Global/rules_conduct_firms_2012_010112_jl.pdf

[Accessed 18 12 2012].

RICS, 2009. Disciplinary Registration and Appeal Panel Rules. [Online]

Available at: http://www.rics.org/Global/RICS%20Disciplinary,%20Registration%20and%20Appeal%20Panel%20Rules%202009%20v4%20wef%2001%20January%202012.pdf

[Accessed 19 12 2012].

RICS, 2011. Complaints Handling Procedure (CHP) Guidance for RICS Firms. [Online]

Available at: http://www.rics.org/Global/RICS%20Helpsheet%20-%20Complaints%20Handling%20Procedure%20-%20Guidance%20for%20RICS%20Firms.pdf

[Accessed 18 12 2012].

RICS, 2012. About the Professional and Ethical Standards. [Online]

Available at: http://www.rics.org/ng/regulation/how-rics-regulates/professional-and-ethical-standards/about-our-professional-and-ethical-standards/

[Accessed 19 12 2012].

RICS, 2012. Conflict of Interest. [Online]

Available at: http://www.rics.org/uk/regulation/how-rics-regulates/professional-and-ethical-standards/conflicts-of-interest/

[Accessed 19 12 2012].

RICS, 2012. COnflict of Interest. [Online]

Available at: http://www.rics.org/uk/regulation/how-rics-regulates/professional-and-ethical-standards/conflicts-of-interest/

[Accessed 19 12 2012].

RICS, 2012. Continuing Professional Development. [Online]

Available at: http://www.rics.org/ng/about-rics/what-we-do/continuing-professional-development/

[Accessed 19 12 2012].

RICS, 2012. Professional and Ethical Standards decision tree. [Online]

Available at: http://www.google.com/imgres?um=1&hl=ms&sa=N&tbo=d&tbm=isch&tbnid=AhvQH-luRb1_1M:&imgrefurl=http://www.rics.org/us/regulation/how-rics-regulates/professional-and-ethical-standards/about-our-professional-and-ethical-standards/&docid=tPGqb08o0haCoM&imgurl=h

[Accessed 19 12 2012].

RICS, 2012. RICS: Complaints procedures. [Online]

Available at: http://www.rics.org/uk/regulation/complaints/complaints-procedure/

[Accessed 17 12 2012].

RICS, 2012. The five Professional and Ethical Standards. [Online]

Available at: http://www.rics.org/ng/regulation/how-rics-regulates/professional-and-ethical-standards/our-five-professional-and-ethical-standards

[Accessed 19 12 2012].

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