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Paper 2 · Lesson 2 — Code of Practice, Professional Conduct and Conflicts of Interest

Conflict disclosure

Disclosing conflicts and benefits to the client (mode/timing/quantum); overriders, referral fees, inducements, commission negotiability.

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Question 1

Halfway through marketing a unit, a salesperson realises that her own brother is the salesperson acting for the interested buyer, so that her loyalties may be pulled two ways. She is minded to press on and mention it only if someone later objects, but decides to check what the manual actually requires of her first. A salesperson realises that a potential conflict of interest exists in a transaction she is handling, and wants to be sure she deals with it in the way the PSM requires before she goes any further, rather than pressing on and sorting it out later if a client happens to object.

Consider the following statements.

  1. (i) She must disclose the conflict to her client.
  2. (ii) She must make the disclosure in writing.
  3. (iii) She must make the disclosure in advance, before proceeding.
  4. (iv) She must obtain the approval of CEA before continuing to act.
  1. A. (i) and (iii) only
  2. B. (i), (ii), (iii) and (iv)
  3. C. (i), (ii) and (iii) only
  4. D. (i) and (ii) only
Show the answer and full explanation

Answer: C

The rule. A conflict of interest must be disclosed to the client, in writing, and in advance (before proceeding). What is then needed to continue is the *client's* informed consent — not CEA's approval.

Why C is correct. (i), (ii) and (iii) — to the client, in writing, in advance — are all required. (iv) is false: the client's consent lets her continue, not any approval from CEA.

The other options.

  • A drops the writing requirement at (ii).
  • B adds the false (iv), CEA approval.
  • D drops the advance-timing requirement at (iii).

Exam note. It is the *client's* consent that lets you proceed, never CEA's approval. Watch for "obtain CEA approval" slipped into the fourth limb.

A conflict of interest must be disclosed to the client, in writing →

Practise it under exam conditions

Single questions test whether you know a rule. The paper tests whether you can find it in a scenario, at speed, with three plausible alternatives in the way. Start with the free 20-question half-paper.

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