Two former Connells agents have had bans from the industry confirmed by the new National Trading Standards Estate Agency Team at Powys, Wales.
Thomas Francis Kelly and Samantha Jayne Kelly, are both banned under the Estate Agents Act. A third person, Andrew Stephen Butts, has had a warning order confirmed.
Thomas Kelly had arranged for his wife to buy three repossessed properties, without disclosing a personal interest, over-riding Connells’ internal systems, and generating nearly £1oo,000 in profits.He had used forged documentation. Suspicion had fallen upon a colleague but Kelly had forged his signature and impersonated the employee in a phone call.
Kelly resigned from Connells after the OFT began its investigation, following an alert from Connells in late 2011.
Last year, Kelly, 33, and his wife pleaded guilty to fraud. Kelly was sentenced to six months imprisonment sentenced for 121 months. Samantha Kelly was given a six-month supervision order, and Butts, an estate agent at the branch, was conditionally discharged for six months.
It emerged that Kelly had continued to work for the industry – he had helped set up WortonKelly, in West Bromwich – the same town where he had worked for Connells.
The Rightmove entry for WortonKelly describes the business as independent estate agents founded by Alex Worton and Thomas Kelly, which aims to “exceed the highest standards in service”.
In March this year, the previous OFT banned the Kelly pair, subject to an appeal process which has now expired. The OFT had also issued a warning order against Butts which has also been confirmed.
James Munro, team leader for the National Trading Standards Estate Agency Team, said: “Estate agents who commit offences in the course of estate agency work undermine the trust placed in reputable business, and these orders demonstrate that action will be taken against them where necessary.
“Our role is to ensure that estate agency work is carried out in the best interests of clients, and that both buyers and sellers are treated honestly, fairly and promptly.”
This month, at Wolverhampton, Proceeds of Crime proceedings ordered Thomas and Samantha Kelly to make repayments of some £72,000.
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