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Appeal under s 111 of the Real Estate Agents Act 2008. Breach of r 10.6 of the Rules by failing to explain the end date of the extended agency agreement; breach of r 9.7 of the Rules by failing to recommend legal advice; breach of s 132 of the Act by failing to provide a copy of the amendment agreement.
Unprofessional behaviour / licensee wrote to vendor expressing concern about the junior agent they listed with / whether conduct likely to bring real estate industry into disrepute / Vosper v Real Estate Agents Authority [2017] NZHC 453 / Watson v Real Estate Agents Authority (CAC 1906) [2021] NZREADT 37 / Real Estate Agents Act 2008, s 72, s 111 / Professional Rules 2012, r 6.3 / no breach of r 6.3 / isolated communication using moderate language / no intention to offend / complaint made by principal of junior agent’s firm, not consumer / text message arguably below standard expected and might be unacceptable, but not sufficient to warrant disciplinary response / licensee apologised and donated to charity / Committee’s decisions reversed / no further action
False and misleading information / website listing categorised part rural zoned property as residential / whether complainant was misled at the time contract went unconditional / Real Estate Agents Act 2008, s 73, s 111 / Professional Rules 2012, r 6.4, r 8.3 / new evidence on appeal / partial extract of valuation report unable to be relied on / r 6.4 does not require an intention to mislead / advertisement contained false and misleading information, reader entitled to take information at face value / unlikelycomplainant did not know of true zoning / information present on sale contract and certificate of title / advised to undertake due diligence / determination confirmed.
Charge laid under s 91 of the Real Estate Agents Act 2008. Penalty decision. Found guilty of misconduct under s 73(a) of the Act. Tribunal records it would have ordered cancellation of licence if that had been open to it to do so. Defendant ordered to pay $1650 as contribution towards Committee's costs.
Application for review of Registrar's determination under s 112 of the Real Estate Agents Act 2008. Application for award of costs against Registrar in respect of hearing in the Tribunal. Outcome: Registrar to pay $15,000 as contribution towards costs.
Charges laid under s 91 of the Real Estate Agents Act 2008. Penalty decision. Finding of misconduct under s 73(c)(iii) of the Act. Defendant censured, fined $4,000, ordered to complete Unit Standards 23136 and 26149 and ordered to pay compensation of $15,050.
Application for review of a Registrar's decision under s 112 of the Real Estate Agents Act 2008. Ruling of the Tribunal on the Tribunal's jurisdiction to consider application for review. Outcome: right of review under s 112 is not restricted to Registrar's licensing decision, Tribunal has jurisdiction to hear and determine application.
Charge laid under s 91 of the Real Estate Agents Act 2008. Defendant admitted charge of unsatisfactory conduct by not entering into agency agreement and not disclosing personal involvement. Censured, ordered to pay fine of $4,000.
Charge laid under s 91 of the Real Estate Agents Act 2008. Defendant found guilty of misconduct under s 73(a) of the Act. Censured, licence suspended for 18 months and ordered to pay a fine of $5,000.
Appeal under s 111 of the Real Estate Agents Act 2008 against Complaints Assessment Committee for finding unsatisfactory conduct against the appellant in the marketing of a property for sale. Outcome: appeal declined.
Charge laid under s 91 of the Real Estate Agents Act 2008. Penalty decision. Found guilty of misconduct under s 73(c)(i) of the Act. Defendant wilfully or recklessly failed to comply with a Notice issued under s 85 of the Act. Censured and ordered to pay a fine of $5,000. Ordered to pay $1,400 to the Authority as contribution towards the Committee's costs.
An appeal under section 111 of the Real Estate Agents Act 2008. Appeal against the decision of the Complaints Assessment Committee 1906 to take no further action on the complaint against Ms Berry and Bulsara Ltd. Outcome: appeal declined.
Charges laid under s 91 of the Real Estates Agents Act 2008. Penalty decision. Found guilty of misconduct under s 73(b) (seriously incompetent or seriously negligent real estate agency work). Censured and ordered to pay a fine of $3,000. Ordered to pay $650 to the Authority as contribution towards the Committee's costs. Application for an order restricting publication declined.
Original decision to refer matter back to Complaints Assessment Committee stands. Real Estate Agents Act 2008.
A charge laid under s 91 of the Real Estate Agents Act 2008. Penalty decision. Found guilty of misconduct under s 73(b) (seriously incompetent or seriously negligent real estate agency work). Censured and ordered to pay a fine of $4,000. Ordered to undertake further training by completing Unit Standards 23136 (“Demonstrate knowledge of consumer protection law related to real estate practice”) and 23149 (“Demonstrate knowledge of licensing and code of professional conduct under the Real Estate Agents Act 2008”) within six months of the date of this decision. Ordered to pay $10,000 to the Authority as contribution towards the Committee’s costs.
Charges laid under s 91 Real Estates Agents Act 2008. Breach of r. 6.4 of the Rules by withholding information that should in fairness be provided to a customer or client. Defendant found guilty of misconduct under s 73(b) of the Act. No penalty determined in this decision.
Charges laid under s 91 Real Estate Agents Act 2008. Defendant found guilty of misconduct under s 73(c)(i) of the Act. Defendants salesperson's licence cancelled as a result of non-payment of fees.
Charges laid under s 91 of the Real Estate Agents Act 2008. Outcome: Agency found guilty of misconduct under s 73(c)(i) of the Act and unsatisfactory conduct under s 72(b) of the Act. Second defendant found guilty of misconduct under s 73(c)(i) of the Act in relation to two failures to comply. Agency censured and fined $5,000. Second defendant censured, licence suspended for 18 months from date of decision, ordered to complete Unit Standards 23136, 23141 and 23149, and fined $5,000. Agency and second defendant collectively finded $10,214 by way of contribution towards Committee's costs.
An appeal under section 111 of the Real Estate Agents Act 2008. Appeal against decsion of Complaints Assessment Committee 2001 which made as finding of unsatisfactory conduct and penalty orders against Appellant. Outcome: appeal allowed in part. Committee's finding that Appellant breached rr 5.1, 6.1 and 9.6 in relations to signatures on the agency agreement and the agreement for sale and purchase quashed. Penalty decision that Appellant refund part of commission paid quashed. All other aspects of the Committee's substantive decision upheld.
An appeal under s 111 of the Real Estate Agents Act 2008. Appellants submit Tribunal should deal with charge of misconduct, rather than referring to the Committee for reconsideration. Outcome: Appeal declined.
Application for non-publication order of Second Respondents' names under s 108 of the Real Estate Agents Act 2008. Threshold to displace presumption of open justice high. Public interest in publication. Application declined.
Charges laid under s 72(a) and (b) Real Estate Agents Act 2008. Penalty decision. Agent found guilty of unsatisfactory conduct in relation to his conduct in marketing a property. Agent censured, fine $2,500 and pay appellants $1,666,93 as part-refund of commission.
An appeal under s 111 of the Real Estate Agents Act 2008. Appeal against decision of Complaints Assessment Committee 2001 on finding of unsatisfactory conduct and orders as to penalty. Outcome: appeal allowed in part. Respondents to reimburse Appellants for interest for late settlement, in equal shares. Appeal otherwise dismissed.
Charges laid under s 91 Real Estate Agents Act 2008. Penalty decision. Finding of misconduct under s 73(a) of the Act. Defendants censured and each fined $10, 000.
Charges laid under s 91 Real Estate Agents Act 2008. Penalty decision. Defendant found guilty of unsatisfactory conduct in relation to his conduct in marketing a property. Breach of rr 9.1 and 9.4 of Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012. Agent censured, fined $3,000 and ordered to complete Unit Standard 23136.