Estate agent pays €10,000 penalty for using deposit funds given to him by client
Gabriel Dooley, of Dooleys Estate Agents in Greystones, had been given €50,000 by a company to purchase land, but the sale never concluded.
The liquidator of the company later secured a High Court order for Mr Dooley to refund the booking deposit, but he refused to do so.
Following this the liquidator made a complaint to the
Property Services Regulatory Authority
, the body responsible for licensing and regulating the property services sector.
READ MORE
A full investigation was carried out, with the PRSA making one finding of improper conduct against Mr Dooley for breaching regulation six of the Property Services (Regulation) Act 2011 (Client Moneys) Regulations 2012.
This was due to Mr Dooley withdrawing money from the €50,000 booking deposit, which was held in his client bank account, before contracts for the sale of the land being signed or finalised.
The board of the PRSA imposed a sanction on Mr Dooley for this breach, amounting to a financial penalty of €10,000. The High Court confirmed the decision on Monday.
Mr Dooley paid this fine to the PRSA before the confirmation order.
Under the Property Services Regulation Act 2011, following a complaint the PRSA can appoint an investigator who seeks relevant documentation and evidence from an agent and drafts a report which then goes to the board of the PRSA for a final decision.
If improper conduct has been found, a number of sanctions can be imposed varying from a minor sanction, such as a caution, to a major one like the suspension of the agent's licence or a financial penalty of up to €250,000.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Irish Examiner
12 minutes ago
- Irish Examiner
Healy-Rae to make complaint against garda over 'shoving' incident on All-Ireland final day
Kerry TD Danny Healy-Rae has said he will make a complaint against a garda after an alleged shoving incident ahead of the All-Ireland football final. The incident took place on Sunday afternoon in Dublin City, where Kerry and Donegal fans were gathered ahead of the All-Ireland football final in Croke Park. Multiple videos, circulating on social media, shows Mr Healy-Rae walking through a large crowd of Kerry supporters near Brannigans pub. In the videos, Mr Healy-Rae raises his arms as he walks through the crowd to cheers from Kerry supporters, before a garda appears to shove him away. Mr Healy-Rae turns to talk with the garda, before walking away while the crowd boos. Mr Healy Rae said: I don't know what happened. I was walking here, minding my own business and the next thing this garda shoved me and he shouldered me. The TD also said that the garda 'effed and blinded' at him during the alleged incident. Asked if he planned on making a complaint against the garda, Mr Healy-Rae sad: 'I will, I will.' 'He needs to be brought to account for it,' Mr Healy-Rae said. However, Mr Healy-Rae said he has 'fierce respect' for the gardaí and they have a 'tough job'. 'It was just a very, very isolated incident.' He added the garda involved must have 'some spite for me'. In a statement, An Garda Síochána said it 'does not comment on unverified social media content'. 'Any person who wishes to report the conduct of a member of An Garda Síochána can do so by contacting Fiosrú,' the spokesperson added.
Irish Times
3 hours ago
- Irish Times
Coalition warned against diluting contentious Occupied Territories Bill
The Government will be warned not to allow the potential for legal challenges to be used as an excuse to water down the legislation known as the Occupied Territories Bill . The Oireachtas foreign affairs committee will this week publish its report on a proposal to ban trade with illegally occupied territories in Palestine. The report, finalised on Friday, is understood to recommend widening the legislation to include a ban on services as well as goods. There have been stark warnings from business lobby groups that such a measure could damage the Republic's trading relationship with the US and cause economic harm to Irish businesses and households. The Occupied Territories Bill is now undergoing pre-legislative scrutiny Listen | 41:13 The committee will tell the Government to model the ban on trade with illegal settlements in Palestine on 2014 trade restrictions with Russia regarding illegally occupied territories in Ukraine. The committee, chaired by Fianna Fáil TD John Lahart , which did not have statistics on the volume of trade in services between the State and illegally occupied territories, will call on Minister for Trade Simon Harris to collate and publish such information. It will also tell Mr Harris to establish what kind of backlash the State would face in terms of trade and diplomacy should it ban trade with the occupied Palestinian territories. [ Republic joins 25 states urging end to Gaza war Opens in new window ] Ministers will also be advised to consider what defences could be available to a business charged with an offence under the proposed law. . It is understood that the committee believes further work is required from the Government before the law could be enacted. And it will ask that Attorney General Rossa Fanning's advice on the complex Bill is 'expedited' so it can move forward as a matter of urgency. During meetings before the Dáil rose for the summer recess, Mr Lahart was critical of 'misinformation' about the Bill and the State's motivation for passing it – much of which was repeated by senior US political figures. Chairwoman of US House Republicans Lisa McClaine described the Bill as a type of 'extreme anti-Semitic hate'. [ How life in the West Bank is deteriorating for Palestinians Opens in new window ] It is understood that the committee's report will call on the Government to explain the motivation behind the Bill to European Union and international colleagues, while also lobbying Brussels for further collective EU action against Israel. The committee will propose a Government-funded public communications campaign for domestic and international audiences to explain the facts of the Bill and to challenge misinformation spread about it.
Irish Daily Mirror
4 hours ago
- Irish Daily Mirror
GAA pay tribute to Fermanagh shooting victims at All-Ireland football final
The GAA have paid tribute to the victims of a fatal shooting in Maguiresbridge with a minute's applause at Croke Park ahead of Sunday's All-Ireland SFC final. Vanessa Whyte, who was 45, and her children, Sara (13) and James (14) died after they were shot at their home in the Co Fermanagh village on Wednesday. A male who also suffered gunshot wounds remains in a serious condition in hospital. Vanessa Whyte and her children were active members of two local GAA teams. In separate statements on Wednesday night, both St Mary's Maguiresbridge Gaelic Football Club and Lisbellaw St Patrick's Hurling Club offered "heartfelt condolences to the families and friends of those impacted by the tragic incident. Vanessa Whyte and her children, Sarah and James "We are working with the GAA at county, provincial and national level, to implement the Association's critical incident protocols. We will work closely with all appropriate services to ensure that those who require support at this difficult time can access it. "The deceased were all active and beloved members of our club. We will not be making any further comment at this difficult time." A murder investigation has been launched, and police are probing a triple murder and attempted suicide line of inquiry. Ahead of today's All-Ireland SFC final at Croke Park between Donegal and Kerry, a minute's applause was warmly received with a picture of the mother and children displayed on the big screen at Croke Park. Ulster champions Donegal, managed by Jim McGuinness, are hoping to win their third All-Ireland title today as they take on Jack O'Connor's Kerry, who are bidding to win the Sam Maguire Cup for the 39th time.
