Complaint Review: Macanthony Realty International - Marbella, Bansko, Etc

The NFOPP/NAEA found MRI guilty of malpractice -see below.

MRI appealled, but lost the appreal.

Please stay away from this company.

They promise lots, but don't deliver.

THE NATIONAL FEDERATION OF PROPERTY PROFESSIONALS

The Determination by the Disciplinary Sub-Committee of Case No. 52346

The Determination is dated: 2 September 2008

The Respondent: The Complainants:

Mr D MacAnthony

MacAnthony Realty International

C/Jancito Benavente S/N

Marbella

Malaga

Costa del Sol

Spain

The Hearing

1.1 The NFOPP Disciplinary Sub-Committee sitting as a Tribunal met at Arbon

House on Wednesday 20 August 2008.

1.2 The Tribunal was chaired by Mr J F Atkins assisted by Mr I Lumbard and Mr M

Hayward.

1.3 In attendance were Mr M D K Jones, the Business Practices Officer, Mr D

Oliver, the Compliance Officer and Mr P Bolton King, the Federation's Chief

Executive.

1.4 The Complainant was in attendance at the hearing.

2. The Business Practices Officer alleged the following, breaches:

Rule 2(2) No member shall do any act (whether in the business of estate agency or

otherwise) which:

- (h) involves unprofessional practice or practice that is unfair to members of the

public.

Rule 2(3) A member who is a principal shall be responsible for the proper supervision

of his partners, fellow directors and staff in the conduct of his business and shall be

liable under these Rules of Conduct for any breaches as if such breaches had been

committed by him.

Rule 6 Duty to abide by the aims and rules of the Association.

Rule 7(1) A member shall not seek business by methods which arc oppressive or

involve dishonesty, deceit, or misrepresentation. Members shall not use any business

term, name or initials which could cause contusion between their own business term,

name or initials which could cause confusion between their own business and that of

the Association. In pat Ocular, the word HomeLink' or the initials 'NASA' may only

be used in their correct context with reference to the Association.

Rule 12 Duty to applicants and others.

The Federation's Chief Executive entered a plea of not guilty on behalf of the

Respondent.

The Tribunal's Decision

After hearing the evidence and after deliberation the Tribunal's findings were:

Rule 2(2)(b) - Proven

Rule 2(3) - Proven

Rule 6 - Proven

Rule 7(1) - Proven

Rule 12 Proven

The Business Practices Officer advised that the member had no previous disciplinary

record prior to the date of the hearing.

The Federation's Chief Executive advised that no plea in mitigation had been received

from the member, however; he did refer the Tribunal to previous correspondence

received from the member and his legal representatives.

Penalties

Rule 2(2)(b) - 1000

Rule 2(3) - 1000

Rule 6 - 1000

Rule 7(1) - 1000

Rule 12 - 1000

Costs - 163

The Tribunal made the following statement:

We have today heard a number of complaints concerning the practices arid service

of MRI International (the Company). Mr D MacAnthony is Chairman of the Company

and he was a member of the National Association of Estate Agents (NAEA) when the

relevant breaches occurred. Rule 2(3) of the NAEA's Rules of Conduct confirms that

members are responsible for the conduct of their staff.

A number of the complainants attended the hearings to represent their cases and were

questioned by the Disciplinary Sub-Committee (the Tribunal). The Tribunal were

disappointed that despite a previous adjournment of the hearings at Mr

MacAnthony's request, neither Mr MacAnthony, nor a representative from the

Company, nor a legal representative of the Company, were present at the hearings.

The Tribunal were appalled to hear of the Company's misleading business practices,

including unfulfilled promises of guaranteed rental returns and misleading

descriptions of the facilities that would be available to owners. The Company

accepted deposits for unbuilt and unidentified properties. In some cases a purchase

price was not included in the documentation provided to buyers. These problems were

compounded by the Company's poor service, including their reluctance to resolve

grievances after sales had been agreed.

Despite these omissions, the Company's position is that there is no right of

cancellation by buyers, and therefore their deposits have not been returned to them.

As a result members of the public have lost considerable sums of money resulting

from false and enticing statements made by the Company.

In all of the cases considered by the Tribunal the complainants were represented by

Legal Independence/Martin Echevarria, who were recommended by the Company.

Although the Tribunal's considerations related to the Company and not the

professional conduct of Legal Independence/Martin Echevarria, the Tribunal cannot

emphasize too strongly the particular importance of independent legal advice when

purchasers are considering purchasing overseas properties. The Tribunal is currently

considering whether to take this matter further with the Law Societies /Bar

Associations in the relevant countries

The complaints heard today were a sample of many more complaints received by the

NAEA about the Company.

The irresponsible practices brought to light by these cases risk damaging consumer

confidence and the reputation of estate agents working in the UK and overseas. The

NAEA expects the highest standards of practice and ethics from its members. The

level of the fines imposed reflect the seriousness with which the Tribunal views the

behaviour of the Company, and therefore of Mr MacAnthony.

The NAEA has received a resignation of membership from the Company. As

membership is individual and personal, the Tribunal understands the NAEA has

presumed that Mr D MacAnthony has resigned. The Tribunal welcomes this

development as they would have had no hesitation in terminating his membership in

addition to the financial penalties imposed.

Signed

Mr. J F Atkins FNAEA (Honoured)

Chairman - Disciplinary Sub-Committee

MRI appealed this verdict on 11th December 2008 . MRI were represented by Dominic Pickering . This appeal was rejected by the NAEA and the original findings of guilt stand.

Since then I have sent an email to Dominic Pickering asking how he is going to help me. I received a curt reply stating as I lied he will not help me !

I have sent 2 emails to Darragh McAnthony who has not answered them. I am thinking of approaching new solicitors to represent me re breach of contract for rental

Janet

merseyside

United Kingdom