The Fiji Times

Offence to charge commission

- By ABISHEK CHAND

IT is an offence for legal practition­ers to charge commission to their clients in regards to the sale or purchase of real estate.

This was according to the representa­tive from the Fiji Law Society, Mereseini Vanua, during the National Real Estate Conference held in Pacific Harbour last week.

“For us the Act is quite clear the only thing that we can charge for is the services we are providing, such as documentat­ion etc.,” she said.

Ms Vanua said the Legal Practition­ers Act 2009 states “no person should be deemed a real estate agent for the purpose of this Act only of the fact that being a legal practition­er the person acts in the course of business as a legal practition­er to prepare all the documentat­ion pertaining to the sale purchase or other selling of land or by the acquisitio­n, or buying of land or the leasing or letting of land and charge profession­al fees as a legal practition­er”.

“So those are the only fees that we can charge as a profession­al fee, not commission.”

Consumers had to collect evidence when making such complaints as according to Ms Vanua the Legal Practition­ers Unit would do their investigat­ion just like the Real Estate Agent Licensing Board.

According to her the issue of lawyers charging commission would be taken back to the members of FLS where it would be discussed with them and provide mentoring or counsellin­g as advice.

“Especially now that we have a lot of new lawyers coming in, we need to update them and say the law expects from us this and conduct should be this way and so forth.

“I am hearing this now and there is no evidence and there is no proof but this is something that I will have to take up to our president who will then decide on how to go about it.”

She said the Fiji Law Society created awareness and carried out programs which was part of their duty to educate the public as well.

“What we can do is offer workshops, public speaking and bringing this up as well as an issue just so the public can be aware.

“We also have other bodies such as the FCCC and CCF, they are aware with this.”

She said should the lawyers be found to charge commission it would fall on the Legal Practition­ers Unit and not the Fiji Law Society to take further actions.

“One of them is that we can get suspended, sometimes they require, its either suspension or we put our licence on the line.

“For us the Act is quite clear, the only thing that we can charge for is the services we are providing, such as documentat­ion etc.”

For us the Act is quite clear the only thing that we can charge for is the services we are providing, such as documentat­ion etc. – Mereseini Vanua

 ?? Picture: ABISHEK CHAND ?? Real estate agents and salesperso­ns at the National Real Estate Conference held in Pacific Harbour last week.
Picture: ABISHEK CHAND Real estate agents and salesperso­ns at the National Real Estate Conference held in Pacific Harbour last week.
 ?? Picture:
ABISHEK CHAND ?? Real Estate Agents Licensing Board chairperso­n Dr Abdul Hassan (left) with the permanent secretary of the Ministry of Industry, Trade and Tourism, Shaheen Ali, at the conference last week.
Picture: ABISHEK CHAND Real Estate Agents Licensing Board chairperso­n Dr Abdul Hassan (left) with the permanent secretary of the Ministry of Industry, Trade and Tourism, Shaheen Ali, at the conference last week.

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