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LEGAL COMPLAINTS REVIEW OFFICER ĀPIHA AROTAKE AMUAMU Ā-TURE [2023] NZLCRO 128 Ref: LCRO 200/2020 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a decision of the [Area] Standards Committee [X] BETWEEN SK and WP Applicants AND AQ Respondent The names and identifying details of the parties in this decision have been anonymised Introduction [1] The applicants,
BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2015] NZREADT 8 READT 044/14 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN WARREN WILSON First appellant AND ROBERT WYNN-PARKE Second appellant AND REAL ESTATE AGENTS AUTHORITY (CAC 20008) First respondent AND DANIEL HEWES and TERENCE GOODFELLOW Second respondent MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Ms N Dangen - Member Ms
...that he would not pay commission “in the normal way”, given that the Agency’s services had not been requested by him, and the sale had not involved “the usual work at your end”. He went on to say: I would be willing to pay a finders fee as a %, perhaps matched by [the purchaser]. I know when we had just the lease for sale we upped the price slightly to cover this but I don’t think that’s fair given the scale of things has jumped considerably. [12] The agency...
...of law set out above are important questions that are likely to arise other than incidentally. [42] The applicant should file and serve a statement of claim within 30 days of the date of this judgment. It will not be necessary to pay a filing fee. Costs [43] Costs are reserved. If the parties are unable to agree, Mr Johnston will have 30 days from the date of this judgment within which to file and serve any memorandum and supporting material, with Te Whatu Ora having a f...
...complainant told her in a phone call on 18 August 2020). [9] A written service agreement was signed by the complainant and Ms Murthy on 25 May 2020. She agreed to represent him to process a residence visa in the skilled migrant category. The total fee was $6,900 (incl. GST), but excluding the fee of Immigration New Zealand (Immigration NZ). On the same day, the complainant paid the consultancy $3,450, being the first instalment for the residence visa. [10] There was a meeti...
...services to be provided by the adviser, which must be tailored to the individual client … h. where disbursements will be incurred, whether the disbursements will be paid directly by the client or by the adviser on the client’s behalf i. where fees and/or disbursements are to be charged, the payment terms and conditions for any fees and/or disbursements … k. where fees and/or disbursements are to be charged, the adviser’s refund policy l. if applicable, a record of any p...
...this decision have been changed Introduction [1] Ms RP has applied for a review of the determination by the [Area] Standards Committee, in which the Committee made a finding of unsatisfactory conduct against Ms RP and ordered her to reduce her fee. Background [2] On 1 June 2021, Ms DQ contacted Ms RP’s office with a view to instructing the firm to act for her, her husband, her son (BQ), and her mother (Mrs WK), who were selling a property in [suburb]. [3] Ms RP was not...
...complaint has been upheld, the Tribunal may impose sanctions pursuant to s 51 of the Act. [83] A timetable is set below. Any request that Mr De’Ath undertake training should specify the precise course suggested. Any request for repayment of fees or the payment of costs or expenses or for compensation must be accompanied by a schedule particularising the amounts and basis of the claim. Timetable [84] The timetable for submissions will be as follows: (1) The Authority, the com...
...4 [18] The complainant sent further emails on 3, 4, 5 and 9 October 2016 seeking additional information from her and/or another employee of the law firm. [19] The complainant sent an email to Ms Emberson on 10 October 2016 seeking urgent feedback on three queries that had been unanswered. An employee of the law firm answered them on the same day. Ms Emberson also responded on 10 October 2016 apologising for the delay and stating that the work had all been done and he would c
...was acting for him and his wife as their real estate agent, although he did not seem to understand that in New Zealand real estate agents normally act for a vendor and are paid commission through the vendor. Mr Burt expected the defendant to get a fee for selling him property but that the fee would come from the vendor. At one stage Mr Burt put it “the whole time we thought she was our purchasing agent”. [18] It does not seem to be in dispute that the defendant did not tell the...