Complaints & Disciplinary Procedure

1. Purpose of This Procedure

ERCAAN is committed to promoting integrity, credibility, professionalism, and ethical conduct within the estate, rent, and commission agency profession in Nigeria.

ERCAAN recognises that members of the public, clients, property owners, tenants, buyers, fellow practitioners, and other stakeholders may have concerns about the conduct of an ERCAAN member.

This Complaints & Disciplinary Procedure establishes a framework through which complaints concerning the professional or association-related conduct of ERCAAN members may be received, reviewed, investigated, and addressed.

The procedure is intended to support:

• Professional accountability
• Fair and responsible handling of complaints
• Protection of the public and clients
• Protection of the reputation and integrity of ERCAAN
• Consistent application of ERCAAN’s professional standards
• A fair opportunity for a member to respond to allegations
• Proper documentation of complaints and disciplinary matters

This procedure should be read together with the ERCAAN Constitution, Membership Terms & Conditions, Professional Code of Conduct & Ethics, and any other applicable rules, resolutions, or regulations of the Association.

2. Who This Procedure Applies To

This procedure applies primarily to members of ERCAAN whose conduct is alleged to have breached:

• The ERCAAN Constitution
• ERCAAN membership requirements
• The ERCAAN Professional Code of Conduct & Ethics
• Applicable Association rules or directives
• Professional obligations applicable to their role as an ERCAAN member
• Applicable laws and regulations governing their activities

Where appropriate, ERCAAN may also receive information concerning the activities of persons who falsely represent themselves as ERCAAN members or misuse the Association’s name, identity, certificate, identification card, seal, or other official materials.

3. What May Be Reported

A complaint may relate to conduct including, but not limited to:

• Misrepresentation of property ownership, availability, location, condition, title, price, or other material information
• False or misleading property advertisements
• Collecting money from clients or prospective tenants under misleading or fraudulent circumstances
• Unauthorised representation of a property owner or client
• Failure to properly disclose the nature of an agency relationship
• Unauthorised or improper handling of client funds
• Unlawful or undisclosed commissions, fees, or charges
• Failure to account for money received on behalf of a client
• Conflicts of interest that were not properly disclosed
• Misuse or disclosure of confidential client information
• Misuse of ERCAAN membership status
• False claims of ERCAAN membership or professional standing
• Misuse of ERCAAN certificates, identification cards, seals, logos, or other Association materials
• Conduct that may bring the Association or its members into disrepute
• Serious breaches of the ERCAAN Professional Code of Conduct & Ethics
• Other conduct that may constitute a breach of the ERCAAN Constitution or applicable Association rules

A complaint does not automatically establish that misconduct has occurred. Allegations should be assessed based on the information and evidence available.

4. Who May Submit a Complaint

A complaint may be submitted by:

• A client
• A property owner or landlord
• A tenant
• A buyer or prospective buyer
• Another real estate practitioner
• An ERCAAN member
• A member of the public
• A government or regulatory body
• Another organisation or stakeholder with relevant information

ERCAAN may also become aware of potential misconduct through its own activities, official correspondence, publicly available information, or information referred to the Association.

5. How to Submit a Complaint

Complaints should be submitted through an official ERCAAN communication channel or through a designated complaints process made available by the Association.

A complaint should, where possible, include:

• The complainant’s full name and contact information
• The name of the ERCAAN member or practitioner concerned
• The member’s membership details, if known
• The relevant property or transaction details
• A clear description of the conduct being complained about
• The date or approximate period when the incident occurred
• Relevant agreements, receipts, messages, advertisements, photographs, correspondence, or other supporting evidence
• Details of any previous attempt to resolve the matter
• Any other information that may assist ERCAAN in understanding the complaint

ERCAAN may request additional information where necessary.

Anonymous information may be considered where ERCAAN considers it appropriate, particularly where the information concerns serious conduct or potential risk to the public. However, anonymity may limit ERCAAN’s ability to investigate or obtain further evidence.

6. Acknowledgement and Initial Review

Where contact information has been provided, ERCAAN may acknowledge receipt of a complaint.

An initial review may be conducted to determine:

1. Whether the complaint concerns an ERCAAN member or an issue within the Association’s remit.
2. Whether sufficient information has been provided to understand the complaint.
3. Whether the matter appears to involve a potential breach of ERCAAN rules or professional standards.
4. Whether the matter should be referred to an appropriate ERCAAN organ, chapter, zone, unit, committee, or other authorised body.
5. Whether the matter should be referred to another competent authority.

ERCAAN may request clarification or additional documentation before deciding how a complaint should proceed.

7. Matters Outside ERCAAN’s Authority

ERCAAN is a professional association and its internal disciplinary process does not replace the functions of courts, government agencies, law-enforcement authorities, regulatory bodies, or other competent institutions.

Where a complaint involves matters that require action by another authority, ERCAAN may advise the complainant to contact the appropriate institution or may make a referral where appropriate.

Examples may include:

• Criminal allegations
• Fraud requiring law-enforcement investigation
• Court disputes
• Land title disputes requiring determination by a competent authority
• Regulatory matters falling under a government regulator
• Matters involving professional licences issued by another authority
• Other disputes that ERCAAN does not have authority to determine

ERCAAN may still consider the membership or professional conduct implications of such matters where they fall within its constitutional or organisational authority.

8. Investigation and Evidence

Where a complaint proceeds for further consideration, ERCAAN may seek information from the complainant, the member concerned, witnesses, relevant members, or other appropriate sources.

Depending on the nature of the complaint, relevant evidence may include:

• Agreements and contracts
• Receipts and payment records
• Bank or transaction evidence where lawfully available
• Property advertisements
• Photographs or videos
• Messages and correspondence
• Emails
• Inspection records
• Property ownership or authority documents
• Membership records
• Statements from relevant persons
• Other documents or information relevant to the allegation

Members who are the subject of a complaint may be required to cooperate with a legitimate ERCAAN investigation in accordance with the Constitution and applicable Association rules.

9. Response by the Member

A member against whom a complaint has been made should be given a reasonable opportunity to respond to the allegations where the matter proceeds to formal consideration.

The member may be asked to:

• Provide a written response
• Provide relevant documents or records
• Clarify the circumstances surrounding the complaint
• Explain actions taken in relation to the matter
• Provide information that may assist in establishing the facts

The existence of a complaint should not, by itself, be treated as proof of misconduct.

10. Fair Consideration of Complaints

ERCAAN will seek to handle complaints fairly and responsibly.

Where disciplinary action is being considered, the relevant ERCAAN body should consider the available evidence, the member’s response, the applicable provisions of the Constitution and Association rules, and any other relevant circumstances.

A decision should be based on the information available to the authorised decision-making body rather than on an assumption that an allegation is true merely because a complaint has been submitted.

11. Conflict of Interest

Any person involved in reviewing, investigating, or determining a complaint should disclose any relevant personal, professional, financial, or other relationship that could create a conflict of interest.

Where appropriate, the person may be excluded from participating in the relevant aspect of the matter.

12. Confidentiality

ERCAAN will seek to handle complaints and disciplinary information responsibly and confidentially.

Information may be disclosed where necessary for:

• Investigating or determining a complaint
• Obtaining relevant evidence
• Giving the member an opportunity to respond
• Protecting clients, members, or the public
• Complying with legal or regulatory obligations
• Implementing a disciplinary decision
• Obtaining professional or legal advice
• Protecting the legitimate interests of ERCAAN

Complainants and members should also avoid publicly disclosing confidential information concerning an ongoing complaint where doing so could interfere with the process or unfairly affect another person.

13. Interim Measures

Where permitted by the ERCAAN Constitution or applicable Association rules, ERCAAN may take appropriate interim measures while a serious matter is being considered.

Such measures may be considered where there is a reasonable need to:

• Protect members of the public
• Protect clients or other stakeholders
• Protect Association property or records
• Prevent continued misuse of ERCAAN membership or identity
• Preserve the integrity of an ongoing investigation

An interim measure is not necessarily a final finding of misconduct.

14. Possible Outcomes

Depending on the circumstances and the authority granted under the ERCAAN Constitution and applicable rules, a complaint may result in:

• Closure of the complaint where there is insufficient basis to proceed
• Advice or guidance to the member
• A request for corrective action
• Mediation or other appropriate resolution where suitable
• A formal finding concerning compliance with ERCAAN standards
• Disciplinary action in accordance with the Constitution and applicable rules
• Referral to an appropriate ERCAAN organ or external authority
• Other action permitted under the governing documents of the Association

The outcome will depend on the facts, evidence, applicable rules, and authority of the relevant ERCAAN body.

15. Suspension or Expulsion

The ERCAAN Constitution provides for disciplinary action that may lead to the suspension or expulsion of an officer or member in circumstances covered by its disciplinary provisions.

Where suspension or expulsion is being considered, the applicable provisions of the ERCAAN Constitution and other governing rules shall apply.

Where membership is lost through suspension or expulsion, the Constitution also contains provisions concerning re-admission or reinstatement of membership.

Nothing in this website procedure overrides the Constitution or any valid decision made under the Association’s governing framework.

16. ERCAAN Property and Membership Materials

Where required under the ERCAAN Constitution or a valid disciplinary decision, a member whose membership has been suspended, terminated, or otherwise affected may be required to surrender Association property or materials in their possession.

Such materials may include, where applicable:

• Membership certificates
• ERCAAN identification cards
• Letters of office
• ERCAAN seals of practice
• Association documents
• Other property or materials issued in the name of ERCAAN

Members should comply with any lawful direction issued by the appropriate ERCAAN authority concerning the return of Association property.

17. False or Malicious Complaints

ERCAAN encourages genuine complaints made in good faith.

A complaint should not be knowingly fabricated, materially falsified, or submitted for the purpose of harassing, threatening, damaging, or improperly targeting a member or another person.

Where there is credible evidence that a complaint or supporting evidence was deliberately falsified or maliciously submitted, ERCAAN may take appropriate action under its governing rules.

This provision does not prevent a person from making a genuine complaint merely because the complaint is ultimately not upheld.

18. Complaints Concerning ERCAAN Officers or Officials

Where a complaint concerns an ERCAAN officer, executive, representative, or other person involved in the administration of the Association, the matter should be handled through the appropriate ERCAAN authority in accordance with the Constitution and applicable rules.

A person should not participate in determining a complaint where doing so would create a material conflict of interest.

19. Appeals and Review

Where an appeal or review mechanism is provided by the ERCAAN Constitution, applicable rules, or the decision-making body, the affected member may exercise that right in accordance with the applicable procedure.

Requests for review should identify:

• The decision being challenged
• The reasons for requesting review
• Any relevant evidence or information
• Any procedural issue the member believes should be considered

Nothing on this page creates an appeal right that does not otherwise exist under ERCAAN’s governing documents.

20. Records of Complaints

ERCAAN may maintain appropriate records relating to complaints, investigations, disciplinary decisions, and related correspondence.

Records may be retained for purposes including:

• Association governance
• Membership administration
• Compliance
• Disciplinary history
• Legal or regulatory obligations
• Protection of the Association and its members
• Responding to future enquiries where legitimately required

Personal information contained in such records will be handled in accordance with ERCAAN’s Privacy Policy and applicable data protection requirements.

21. Public Disclosure of Disciplinary Decisions

ERCAAN may communicate or publish information concerning disciplinary decisions where authorised or required under its Constitution, applicable rules, legal obligations, or legitimate Association purposes.

Any public communication should take reasonable account of privacy, confidentiality, fairness, and the rights of the persons involved.

ERCAAN will not treat the publication of a disciplinary decision as a substitute for the formal decision-making process required under its governing documents.

22. Complaints Involving Non-Members

ERCAAN may receive information about individuals who are not ERCAAN members.

However, ERCAAN’s internal membership disciplinary procedures generally apply to persons subject to the Association’s membership and governing framework.

Where a complaint concerns a non-member, ERCAAN may provide appropriate information, guidance, or referral to a competent regulatory, law-enforcement, professional, or other relevant authority.

23. Consumer and Client Responsibility

Clients and members of the public are encouraged to conduct appropriate checks before entering into a property transaction.

Where dealing with a person who claims to be an ERCAAN member, users should independently verify the person’s membership status through ERCAAN’s official verification channels where available.

Consumers should also:

• Request appropriate documentation
• Confirm the identity and authority of the person acting for a property owner
• Obtain written agreements where appropriate
• Keep records of payments and communications
• Verify important property and ownership information independently
• Seek appropriate legal or professional advice for significant transactions

ERCAAN membership should not be interpreted as a guarantee of the outcome of a particular property transaction.

24. No Waiver of Legal Rights

Submitting a complaint to ERCAAN does not prevent a complainant or member from exercising any legal right or remedy available under applicable law.

Likewise, participation in an ERCAAN disciplinary process does not necessarily determine or replace the outcome of proceedings before a court, regulator, government agency, or other competent authority.

25. Cooperation With Authorities

Where appropriate and legally permitted, ERCAAN may cooperate with relevant government institutions, regulators, law-enforcement agencies, courts, or other competent authorities concerning matters involving its members or the real estate profession.

Such cooperation may include providing information or records where ERCAAN is legally permitted or required to do so.

26. Abuse of the Complaints Process

The complaints process should not be used to:

• Threaten or intimidate a member
• Pressure a member into an improper transaction
• Force payment of an unrelated debt
• Damage a person’s reputation through knowingly false allegations
• Bypass a court or regulatory process
• Interfere improperly with legitimate business activity

ERCAAN may take appropriate action where there is evidence of serious abuse of its complaints process.

27. Relationship With the ERCAAN Constitution

This procedure is an administrative and public-facing explanation of how ERCAAN may handle complaints and disciplinary matters.

It does not replace, amend, or override the ERCAAN Constitution.

Where there is any inconsistency between this webpage and the Constitution or another binding governing instrument of ERCAAN, the applicable governing instrument shall prevail.

28. Amendments to This Procedure

ERCAAN may review and update this procedure to reflect:

• Changes to its Constitution
• Changes to applicable laws or regulations
• Changes to Association structures or procedures
• Improvements to complaint handling
• Changes in professional standards
• Changes in the way ERCAAN provides membership and professional services

The latest published version will apply from its stated effective date.

29. Contact ERCAAN

Questions concerning this Complaints & Disciplinary Procedure or complaints concerning an ERCAAN member may be directed through the Association’s official contact channels.

Email: info@ercaannational.org.ng
Alternative Email: ercaannational@gmail.com
Telephone: +234 805 603 0177 / +234 815 393 3991
Secretariat: Swan Building, National Stadium, Surulere, Lagos, Nigeria

For a complaint, please provide sufficient information and supporting documentation to enable ERCAAN to understand and assess the matter.

ERCAAN remains committed to promoting integrity, accountability, and professional standards within Nigeria’s real estate agency profession.