Dishonest estate agent loses appeal against RICS expulsion
Emma Walker and her firm EW Estates in Ashington were expelled in February but she appealed the original RICS disciplinary decision, and that appeal has now been dismissed.
An estate agent and her valuations, lettings and property management firm, struck off by RICS after they were found guilty of fraud and competency offences, has lost her appeal against the original ruling in February this year.
Emma Walker (main image, inset) and her estate agency EW Estates which is currently in liquidation Companies House files show had both been removed from the RICS register and between them faced costs of £24,273.
In February she had faced 14 charges of which 11 were proven including misrepresenting her professional experience when joining RICS as an elected associate member, lying about her qualifications, not ensuring surveys were carried out by competent and qualified individuals, issuing a number of cheques that bounced, operating without indemnity insurance, and dishonestly securing a £25,000 loan.
Walker appealed her expulsion, even though the original disciplinary panel had described some of her actions as “utterly reprehensible” albeit noting some mitigating factors, including her previous good conduct and personal and emotional pressure.
Sanctions
Walker had appealed the sanctions against her and EW Estate on the basis that she did not believe them to be “fair or proportionate”.
But Ben Rich, the RICS lawyer representing the organisation during the appeal hearing, said it would be perverse to re-admit Walker or her firm because it would be a risk to the public “who would presume the likes of Ms Walker had the experience and skills of a chartered Member or Fellow of the RICS,” he said.
He also said Walker had shown no remorse for “the fundamental dishonesty she had demonstrated”.
Walker’s appeal was dismissed by the panel, which said it “carefully considered all the written material with which it had been provided including: the written submissions by the RICS; the transcript of the Disciplinary Panel hearing; and the evidence bundle that was before the Disciplinary Panel; and the letter, emails and screenshots supplied by Ms Walker in advance of and during this hearing.
[The panel] listened carefully to the oral submissions of Mr Rich. It accepted the advice of the legal adviser…[and] could find no basis on which to disturb the findings of the Disciplinary Panel or its decision on sanction in this case”.Walker’s costs have now risen to £28,668 which she must pay within 28 days.
Read the appeal panel decision in full.
