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Search results

909 items matching your search terms

  1. [2025] NZREADT 37- IM v REAA (26 August 2025) [PDF, 234 KB]

    Application to review Registrar’s determination not to pursue complaint as it only disclosed inconsequential matters / licensee used offensive language to describe complainant in text communications with complainant’s agent / Real Estate Agents Act 2008, s72, s73, s74, s112 / HELD / licensee’s comment  was isolated communication / offensive language used relatively minor, falling short of threshold for unsatisfactory conduct or misconduct / no error of fact or law / application dismissed / Registrar’s decision confirmed. 

  2. [2025] NZREADT 36 – KC v REAA (22 August 2025) [PDF, 124 KB]

    Application to review Registrar’s determination not to pursue complaint as it only disclosed inconsequential matters / complaint licensee misled purchaser as having a garage, when the garage was incomplete, defective and unconsented / Real Estate Agents Act 2008, s72, s73, s743a, s112 / Professional Rules 2012, r6.4, r10.7 / no evidence indicating that the licensee knew or should have known about the garage consent status or the incomplete retaining wall / no evidence of any “red flags” to otherwise notify the licensee about a possible issue with the garage’s consent status / Committee’s decision upheld / appeal dismissed / no error or fact or law / application dismissed / Registrar’s decision confirmed

  3. [2025] NZREADT 35 – AI v REAA (12 August 2025) [PDF, 93 KB]

    Application to review Registrar’s determination not to pursue complaint as it only disclosed inconsequential matters / complainant alleged licensee (also effectively acting as vendor) sold property without disclosing previous leak in building / further alleged vendor failed to disclose conflict of interest / Real Estate Agents Act 2008, s743a, s112, s136 / HELD / damage caused to property from burst pipe was repaired prior to sale / complainant, who had no connection to transaction, adduced no supporting evidence from purchaser / no evidence of material effect on property’s value following repairs / no defect to disclose / allegation of conflict of interest not supported by evidence / no error of fact or law / application dismissed / Registrar’s decision confirmed

  4. [2025] NZREADT 34 - CL v REAA (12 August 2025) [PDF, 225 KB]

    Application to review Registrar’s determination not to pursue complaint as it only disclosed inconsequential matters / complainant purchaser alleged listing licensees did not disclose that property was personal property of vendor licensee, pressured him to purchase, and that property was overpriced / Real Estate Agents Act 2008 / Real Estate Agents Act 2008, s74, s112, s136 /  HELD /  vendor licensee was not licensed at time of conditional sales agreement and therefore owed no obligation to disclose benefit / vendor obtaining licence shortly after settlement not captured by s 136 disclosure obligation / no evidence of property being sold at overvalue / price was determined by vendors and purchasers / preliminary inquiries supported dismissal of conflict of interest allegations / real estate transactions inherently stressful for parties / no evidence of undue or unfair pressure / no error of fact or law / application dismissed / Registrar’s decision confirmed.

  5. [2025] NZREADT 33 - YA v REAA (8 August 2025) [PDF, 206 KB]

    Application to review Registrar’s determination not to pursue complaint as it only disclosed inconsequential matters / complaint alleged licensee who acted for mortgagee sold property in mortgagee sale significantly below market value, failing to conduct open homes or property marketing / complaint licensee did not provide notice of transaction to tenant prior to settlement / Real Estate Agents Act 2008, s743a, s112 / Professional Conduct and Care Rules 2012, r9.1 / HELD / significant discrepancy between valuation and alleged sale price not itself evidence of wrongdoing / no evidence to support allegation there was no open home nor proper marketing / licensee’s client was the mortgagee, not the mortgagor / licensee required to act in the best interests of mortgagee unless that would be contrary to law / no evidence from mortgagee supporting complaint / no credible evidence supporting wrongdoing / no error or fact or law / application dismissed / Registrar’s decision confirmed

  6. [2025] NZREADT 32 - H Ltd v Liu (7 August 2025) [PDF, 207 KB]

    Compensation referral / unsatisfactory conduct / Committee found license misled purchaser into believing a building consent application had been lodged, which did not in fact occur until after sale and purchase agreement had been signed / Real Estate Agents Act 2008, s72a, s93, s110 / Professional Rules 2012, r5.1, r6.4 / Fair Trading Act 1986, s43 / HELD / principles developed for award of loss or damage under FTA relevant to discretion to award compensation / while “loss by reason of the licensee’s unsatisfactory conduct” is to be interpreted broadly, the loss must have “casual connection” or be “closely connected” to wrongdoing / Tribunal unable to reconcile two differing sums claimed in original and amended statement of claim, as well as two differing breakdowns of claimed damages / failure to explain relevance of annexed invoices and casual or close connection to licensee’s wrongdoing / loss not proven / claim for compensation dismissed

  7. [2025] NZREADT 31 – Green v REAA (30 July 2025) [PDF, 208 KB]

    Application to review Registrar’s determination / Registrar cancelled licence as licensee failed to complete required continuing education / Real Estate Agents Act 2008, s54d, s55, s112 / Real Estate Agents (Continuing Professional Development Rules) Notice 2018, cl17 / HELD / licensee did not complete CPD by deadline / Registrar correctly followed statutory process / Registrar must cancel licence as required by s54d / no error of fact or law / application dismissed / Registrar’s decision confirmed

  8. [2025] NZREADT 30 – C v REAA & KT & D Ltd (30 July 2025) [PDF, 247 KB]

    Appeal / appellant alleged that licensee failed to market property in best interests, concealed conflict of interest, exerted undue or unfair pressure, and sold property at an undervaluation / Committee determined to take no further action / Real Estate Agents 2008, s892c, s 111 /  Professional Conduct and Client Care Rules 2012, r9.6 / HELD / evidence supported that appellant wanted to conclude sale without tenant’s knowledge, with no marketing / no evidence licensee did not act in vendors’ best interests / no evidence that licensee received payment or benefit from purchasers, or was acting to vendors’ detriment / no evidence of conflict of interest / licensee’s repeated expression of confidence in opinion as to best sales price available in face of higher expectations not unlawful pressure / no evidence of duress or coercion / licensee’s CMA supported by evidence and independent valuation / no evidence property sold at undervalue / Committee’s decision confirmed / appeal dismissed

  9. [2025] NZREADT 29 – KE v REA (28 July 2025) [PDF, 274 KB]

    Application to review Registrar’s determination not to pursue complaint as it only disclosed inconsequential matters / complaint licensee misled purchaser as to compliance with Healthy Home standards / licensee allegedly failed to disclose known defects and provide relevant Healthy Home documentation / Real Estate Agents Act 2008, s72, s73, s743a, s112 / HELD / no evidence to support allegations of misrepresentation by the licensee / no evidence of licensee making statement concerning property’s compliance with Healthy Homes standards / licensee reviewed information provided by council and visited property prior to passing vendor disclosure document to applicant / report concluded property was in tidy condition with no apparent structural or moisture ingress concerns / no evidence licensee failed to provide all Healthy Homes documentation at time of transaction / no error or fact or law / application dismissed / Registrar’s decision confirmed

  10. [2025] NZREADT 28 – Vargas Cobos v REAA (22 July 2025) [PDF, 178 KB]

    Application to review Registrar’s determination / Registrar cancelled licence as licensee failed to complete required continuing education / Real Estate Agents Act 2008, s54d, s55, s112 / Real Estate Agents (Continuing Professional Development Rules) Notice 2018, cl17 / HELD / licensee did not complete CPD by deadline / Registrar correctly followed statutory process / Registrar must cancel licence as required by s54d / no error of fact or law / application dismissed / Registrar’s decision confirmed

  11. [2025] NZREADT 27 – Zhang v REAA (21 July 2025) [PDF, 178 KB]

    Application to review Registrar’s determination / Registrar cancelled licence as licensee failed to pay annual fee for keeping licence suspended / Real Estate Agents Act 2008, s54h, s55, s112 / HELD / licensee was required to pay suspension fee by certain date, received required communications from Registrar, and did not make payment by deadline / Registrar correctly followed statutory process / Registrar must cancel licence as required by s54h / no error of fact or law / application dismissed, Registrar’s decision confirmed

  12. [2025] NZREADT 26 - EC & KN v CAC 2204 & ST (18 July 2025) [PDF, 308 KB]

    Appeal / appellants alleged that licensee took advantage of elderly vendor through undue pressure to sell property, failed to act in his best interests and in accordance with her fiduciary obligations, failed to fulfil professional obligations in relation to contractual documents, and committed elder financial abuse / Committee determined to take no further action / Real Estate Agents 2008, s72, s73, s80, s111, s126 / Professional Conduct and Client Care Rules 2012, r6.3, r9.1, 9.17 / HELD / consumer protection purposes underpin requirement for licensee to recommend legal advice prior to signing document / Committee erred in considering subsequent circumstances / cannot retrospectively satisfy obligation / nonetheless relatively minor breach did not warrant disciplinary response / fresh issue s 126 compliance issue fell outside appellate jurisdiction / evidence did not support allegations of financial misconduct or undue pressure / Committee’s decision confirmed / appeal dismissed

  13. [2025] NZREADT 25 – ZA v REAA 2204 & DU (14 July 2025) [PDF, 141 KB]

    Appeal / commercial lessee later found description of leased area size in advertising and agreement was incorrect / Committee did not inquire into complaint as it was inconsequential / incorrect advertising deemed technical breach with no material impact / Real Estate Agents 2008, s41, s72, s73, s792b, s111 / Professional Rules 2012, r5.1, r6.4 / HELD / allegations relating to property management generally not “real estate agency work” / unsubstantiated complaints could not amount to misconduct / however, licensee’s actions concerning procurement of lease “real estate agency work” / employment status immaterial / acted for “another person” / Committee failed to consider whether capable of misleading lessee and whether conduct lacked skill, care and diligence / delayed formal complaint - overlooked earlier complaint directly to licensee / inappropriately considered unsuccessful civil claim / decision reversed / Committee directed to inquire into complaint about area of premises

  14. [2025] NZREADT 24 - CT v REA (14 July 2025) [PDF, 276 KB]

    Application to review Registrar’s determination not to pursue complaint as it only disclosed inconsequential matter / licensee referred complainant to brother for building works after being advised of roof defects and difficulty locating contractors / complainant alleged faulty workmanship following subcontracted works and inability to recover monies paid in error /  Real Estate Agents Act 2008, s72, s74, s112 / Professional Conduct and Client Care Rules 2012, r6.4, r10.2, r10.6, r10.7 / HELD / no evidence to suggest licensee was on notice of roof leaks prior to being contacted by complainant’s brother / no breach of disclosure obligations to prospective purchasers concerning roof issues / no conflict of interest in licensee referring complainant to brother having being advised of difficulty locating roofing contractors / no evidence of dishonesty in relation to progression of building works / no lack of written appraisal /  application dismissed / Registrar’s decision confirmed

  15. [2025] NZREADT 23 - NW v CAC 2204 & Ors (23 June 2025) [PDF, 266 KB]

    Appeal / sale of residential property following breakdown of marriage / appellant alleged that respondent licensees knew about personal circumstances and colluded to effect sale and did not act in best interests by failing to discuss open market advertisement, that no CMA or appraisal was provided / Committee joined director of agency to proceedings per allegation of improper supervision / Real Estate Agents 2008, s89, s111 / Professional Conduct and Client Care Rules 2012, r6.1, r6.2, r.6.4, r9.1, r9.2, r9.16, r10.1, r10.2 / HELD / appellant’s suggestion he was never provided a copy of CMA unsupported by evidence / CMA arrived at using due care, skill, expertise and judgement with reference to comparable sales information / subsequent sale of property at significantly higher price did not indicate deficiency in CMA / no evidence of undue or unfair pressure / joined respondent was not designated supervisor / no error of fact or law / Committee’s decision affirmed / appeal dismissed

  16. [2025] NZREADT 22 - ZD & NK v Liu & Zareian (18 June 2025) [PDF, 264 KB]

    Compensation referral / Committee found three licensees engaged in unsatisfactory conduct in failing to disclose known unconsented works in residential property / defects not disclosed in marketing materials nor to prospective purchaser / successful purchaser at auction seeks compensation for legal costs incurred, having cancelled agreement upon discovering unconsented works / Real Estate Agents Act 2008, s931ha, s1105 / Professional Rules 2012, r6.4 / HELD / principles developed by upper courts under Fair Trading Act 1986 relevant / quantum of loss or damage to be awarded, if any, to do justice to parties / purchasers undertook reasonable due diligence of property sold at auction two days after viewing, during COVID-19 restrictions / expenses reasonably and justifiably incurred, with loss arising due to licensees / no evidence of contributory negligence / high level of unsatisfactory conduct / licensees ordered to pay $10,076.44

  17. [2025] NZREADT 21 – BS & QS v Upton (16 June 2025) [PDF, 270 KB]

    Compensation referral / unsatisfactory conduct / Committee found licensee misrepresented extent of utility connections and failed to disclose geotechnical report to complainant purchasers / Real Estate Agents Act 2008, s72a, s93, s110 / Professional Rules 2012, r5.1, r6.4 / Fair Trading Act 1986, s43 / HELD / principles developed for award of loss or damage under FTA relevant to discretion to award compensation / broad and pragmatic approach taken to determine causal connection between losses claimed and contravening conduct / not open for Tribunal to review finding of unsatisfactory conduct in lieu of appeal to challenge determination / agency’s commission, vendor’s legal costs, complainants’ legal costs and LIM report fees attributable losses to unsatisfactory conduct / claim for loss of growth in property market unsubstantiated / compensation sum to achieve justice to parties / licensee acted in good faith though carelessly / licensees ordered to pay $34,437.38

  18. [2025] NZREADT 20 – CS v REA (12 June 2025) [PDF, 248 KB]

    Application to review Registrar’s determination not to pursue complaint was frivolous or vexatious or not made in good faith / sixth complaint stemming from initial allegation that licensee made misrepresentations in relation to property’s heating system / Real Estate Agents Act 2008, s743b, s792c, s112 / HELD / complainant sought to relitigate complaints previously made which have been dismissed by Registrar and Tribunal / sixth complaint simply repeats the substance of earlier complaints and is not made in good faith / no credible evidence to support allegations that licensee lied to Authority / complainant was advised of appeal rights to High Court following Tribunal decision but elected not to exercise those rights / application dismissed / Registrar’s decision confirmed

  19. [2025] NZREADT 19 - HB v REA & Ors (11 June 2025) [PDF, 273 KB]

    Appeal / licensee sent pre-signed agency agreement for a sale to mentally unwell tenant of property, expecting it to be passed to co-owners / Real Estate Agents Act 2008, s4, s50, s111 / Professional Conduct and Client Care Rules 2012, r5.1, r8.3, r9.9, r10.2, r10.6 / HELD / Committee erred in finding no “real estate work” / licensee sent agency agreement and undertook multiple steps for the purpose of bringing about a sale, seeking involvement of co-owners, through tenant / “other person” taken to be either tenant or co-owners, thus “real estate work” / licensee sent pre-signed agency agreement and appraisal to tenant without undertaking pre-contractual required work  / however, dealings ended early in pre-listing process and occurred in context of persistence by unwell tenant / threshold for disciplinary response not met / similarly, disciplinary response not justified for manager’s lack of supervision / use of pre-signed agreements and appraisals cautioned against / appeal dismissed

  20. [2025] NZREADT 18 - Dong v REA (09 June 2025) [PDF, 218 KB]

    Professional responsibilities and professional practice / rubber stamping / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl14, cl18a, cl26ai, cl26aiii, cl26b, cl26d / adviser failed to maintain direct communications with client, could not communicate through unlicensed agent / breach of fundamental obligation to personally contract with and engage with visa applicant / adviser contributed to creating an environment for fraud to be perpetrated / failed to provide evidence of licence / failed to provide client opportunity to review INZ application / failed to personally confirm application lodged and provide timely updates / failed to retain visa application and records of communications / availability of visa application from INZ website immaterial to obligation to maintain records / however, no evidential foundation to indicate conflict of interest / alternative negligence heads dismissed / complaint partially upheld / sanctions to follow

  21. [2025] NZREADT 17- IL v Irvine (29 May 2025) [PDF, 212 KB]

    Application to strike out compensation referral proceedings / Committee found licensee engaged in unsatisfactory conduct in failing to bring complainant’s attention to altered clause, as well as in failing to disclose in writing that he may financially benefit from transaction and to obtain signed acknowledgement / licensee applied to strike out proceedings as parallel civil proceedings had been decided by District Court / Real Estate Agents Act 2008, s109A, s110, s136 / Professional Rules 2012, r5.1, r6.2, r6.3 / HELD / Tribunal noted distinction between legal rights in parallel civil District Court proceedings and present disciplinary proceedings / claim before Tribunal whether complainant should be awarded for any loss suffered by reason of the licensee’s unsatisfactory conduct, rather than breach of contract / nature and extent of claimed losses unclear / relevance of res judicata and issue estoppel to considered in due course / strike-out application dismissed

  22. [2025] NZREADT 16 – DQ & KU v CAC 2204 & Rule (20 May 2025) [PDF, 167 KB]

    Appeal / purchasers of residential property later discovered no legal vehicle access as driveway crossed a neighbouring property / licensees failed to identify and disclose access issue / Committee determined to take no further action, finding that reasonably competent licensee would not have been alerted to access issue / Real Estate Agents 2008, s111 / Professional Conduct and Client Care Rules 2012, r5.1 and r10.7 / HELD / licensee must “know what they are selling” but not expected to be solicitors, surveyors or building inspectors / obliged to disclose defects which are known or would appear “likely” or a “significant potential risk” / reasonably competent licensee would have identified significant risk posed by dual access to adjacent properties / fault apparent when documents considered alongside physical viewing of property / r5.1 and r10.7 breached / Committee’s decision reversed, finding of unsatisfactory conduct substituted against licensees / penalty decision to follow

  23. [2025] NZREADT 15 – UJ v REAA (19 May 2025) [PDF, 164 KB]

    Application to review Registrar’s determination not to pursue complaint as it only disclosed inconsequential matters / complaint tender process was unfair and not transparent to complainant & that licensees misled vendor to advantage offer from listing agent’s client / Real Estate Agents Act 2008, s743a, s107A, s112 / HELD / no obligation to disclose (without vendor’s instructions) vendor would not accept, and had previously rejected, vendor finance condition / was vendor’s decision to bring forward tender deadline / no evidence licensees brought forward deadline themselves or acted contrary to vendor’s interests / no evidence vendors not aware of complainant’s interest in property / vendors not obliged to give complainant more time to improve offer / licensees not required to disclose information about previous offers (unless instructed by vendors) / licensees kept complainant informed to extent necessary / application dismissed / Registrar’s decision confirmed 

  24. [2025] NZREADT 14 – SI v REAA (15 May 2025) [PDF, 120 KB]

    Application to review Registrar’s determination not to pursue complaint as it only disclosed inconsequential matters / applicant vendor alleged licensee failed to disclose conflict of independent dealings with purchaser, failed to adequately market property and settle transaction, and pressured vendor to sell by disclosing purchaser’s personal circumstances / Real Estate Agents Act 2008, s74, s112 / Professional Conduct and Client Care Rules 2012, r6.1, r6.3, r6.4, r9.1, r9.2, r9.3, r9.4, r 9.14, r9.16 / HELD / no evidence of improper conflict management / licensee had advised applicant of interest in engaging with purchasers prior to ASP / subsequent dealings were independent / no evidence to support allegation of undue pressure / no evidence of breach of professional obligations in respect of sales price achieved / no evidence of substandard marketing or settlement papers / application dismissed / Registrar’s decision to take no further action confirmed

  25. [2025] NZREADT 13 – OQ v McLean & Knowles (8 May 2020) [PDF, 186 KB]

    Costs / first compensation referral decision / Tribunal awarded compensation to complainant in the sum of $35,101.65 / parties invited to file submissions on costs / Real Estate Agents Act 2008, s931ha, s1104, s1105, s1106, s110A / HELD / Tribunal’s approach to costs awards differs from civil court proceedings / under s110A, Tribunal to consider whether and to extent any party has participated in good faith, facilitated or obstructed information gathering, and facilitated the resolution of issues / approach to compensation referral prioritises access to justice and would not wish to deter complainants from seeking compensation due to potential costs exposure / no adverse factors indicating costs should be awarded in favour of either party / licensees generally cooperative throughout / costs to lie where they fall