Case 2: Solicitation of Illegal Commission from Subordinates
A senior manager of an estate agency learned that an estate agent, who is his subordinate, might procure a property transaction. He told the estate agent that he would assist in negotiating the price of the property and solicited from the estate agent part of the commission payable to the latter by the estate agency. The estate agent eventually secured the deal and received commission from the estate agency but did not accede to the senior manager’s request.Offences Committed
Case in Perspective
In this case, the senior manager pressured his subordinate to give him illegal commission, failing to uphold the ethical standard required of him. He not only ruined his reputation but also his career.
An estate agency should lay down appropriate procedures and safeguards for proper sharing of commissions with staff and preventing staff from receiving any illegal commission from subordinates. For example,
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Lay down guidelines and make known to all staff the policies and procedures for sharing commissions with staff, including the eligibility criteria, the method of calculations (e.g. commission rates, “jumping bar” system) and time of payment, etc.
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Require the staff involved in estate agency work to accurately and clearly record the property transactions handled by them.
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Specify the eligibility criteria and circumstances under which a staff is entitled to receive commission for a property transaction.
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Provide a channel and encourage staff to report irregularities and malpractice to a designated senior staff in a confidential manner.
