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Search results

930 items matching your search terms

  1. [2026] NZREADT 10 - EG v U Ltd (16 March 2026) [PDF, 178 KB]

    Costs / Tribunal awarded compensation to complainant in the sum of $46,875 / complainant subsequently applied seeking costs of $17,293.70, being legal costs of attendances by two barristers / Real Estate Agents Act 2008, s 110A / HELD / reasons advanced for award of costs are no more than those justifying costs on the principle they follow the event / licensee participated in good faith and facilitated Tribunal’s process / licensee entitled to defend himself / reasonable basis for defence to claim of compensation / claim for costs dismissed
  2. [2026] NZREADT 09 - Li & C Ltd v XT & ZL (12 March 2026) [PDF, 294 KB]

    Appeal / licensee, neighbour of client vendor, omitted sale price of her property in CMA / licensee had sold own property to developer purchaser / Committee found licensee guilty of unsatisfactory conduct for failing to exercise skill and care, and failing to deal fairly with parties / also found agency guilty of unsatisfactory conduct for breaching supervisory obligations / Real Estate Agents Act 2008, s50, s89, s111 / Professional Conduct and Client Care Rules 2012, r5.1, r5.2, r6.4, r8.4 / HELD / licensee was in breach of obligation to deal fairly with parties in failing to disclose value of sale of her own property / factual finding that licensee did not disclose sale price over casual conversation / value relevant, recent and comparable / no supervisory failings by agency / branch manager not prosecuted / no evidence of systemic failure / no suggestion manager not suitably qualified / Committee’s determinations against licensee confirmed, determinations against agency reversed
  6. [2026] NZREADT 05 – EG & U Ltd v Unka (28 January 2026) [PDF, 278 KB]

    Compensation referral / unsatisfactory conduct / Committee found licensee marketed commercial property with incorrect rental return / goods and services tax (GST) specified as payable in addition to already GST-inclusive rent / Real Estate Agents Act 2008, s93, s110 / Professional Rules 2012, r5.1, r6.4 / rental return (yield) for commercial property a critical factor for purchasers / purchaser relied on representation, would have bid less knowing true yield / GST disclaimer in information memorandum does not displace express representation & does not account for errors beyond that document / settlement with vendor left unrecovered loss / no lack of care by purchaser / rent statements could not have alerted purchaser as it did not specify whether GST inclusive / legal costs negotiating with vendors not caused by agent’s wrongdoing, not awarded / general damages dismissed / licensee ordered to pay $46,875 (total loss of $62,500 reduced by 25 per cent as conduct not deliberate)
  7. [2026] NZREADT 04 – Netzone Real Estate Ltd v REAA (CAC 2405) (27 January 2026) [PDF, 216 KB]

    Appeal / agency released deposit of $37,500 early without authority signed by all parties / transaction close to to holiday period / Committee found agency liable under s 123 and imposed $2,000 penalty / agency appealed against liability and penalty on basis of low gravity offending / Real Estate Agents Act 2008, s89, s111, s123 / Professional Conduct and Client Care Rules 2012, r5.1 / Real Estate Agents (Audit) Regulations 2009 / HELD / compliance with statutory and regulatory requirements not a ‘nice to have’ and breaches are treated seriously / public confidence underpins statutory provisions / agency’s wrongdoing at lower end of spectrum however not so low as to be below disciplinary threshold / Committee’s liability and penalty findings affirmed / appeal dismissed
  8. [2026] NZREADT 03 - EL v REAA (21 January 2026) [PDF, 237 KB]

    Application to review Registrar’s determination not to pursue complaint as it only disclosed inconsequential matters / prospective purchaser applicant alleged licensee was incompetent or deceitful in his communications concerning rent review provisions, building consent and a building warrant of fitness relating to commercial property / applicant alleged Registrar made no proper assessment of complaint / Real Estate Agents Act 2008, s74 / licensee responded appropriately and professionally to applicant’s queries and contentions concerning rent review clauses / circumstances would not justify a disciplinary process given extent of licensee’s responses, whether ultimately substantively correct or incorrect / inquiries with vendor and building specialists in respect of building consent and warrant of fitness issues satisfied professional obligations / no evidence of unprofessional communications / Registrar’s decision confirmed / application dismissed.
  9. [2026] NZREADT 02 – TS v REAA (CAC 2304) (20 January 2026) [PDF, 141 KB]

    Appeal / complainant vendor alleged that licensees misled him regarding ability to modify settlement date and did not recommend he seek legal advice / Committee determined it was clear to vendor that the date could only be adjusted by purchasers’ mutual agreement and that he was advised to seek legal advice / Committee took no further action / Real Estate Agents Act 2008, s111 / Professional Conduct and Client Care Rules 2012, r5.1, r6.4, r9.7 / HELD / appellant vendor must have understood that settlement was due to occur on specified date unless both parties agreed otherwise, with prior confirmation / no correspondence supported allegation that licensees represented settlement as flexible / licensees expressly reminded vendor of relevant clause and of his ability to seek legal advice / Committee’s decision confirmed / appeal dismissed
  10. [2026] NZREADT 01 - Foster v REAA (16 January 2026) [PDF, 206 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 48 - Arora v REAA (4 December 2025) [PDF, 176 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 / applicant’s misunderstanding as to second annual fee payment caused by erroneous assumption / 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 47 - KT v REAA (26 November 2025) [PDF, 139 KB]

    Application to review Registrar’s determination not to pursue complaint as it only disclosed inconsequential matters / complaint concerned highly unusual buy-back sale agreement drafted by licensee / purchaser alleged financial loss and unprofessional conduct by two licenses, including introduction by one and drafting by the other / Real Estate Agents Act 2008, s74 / Registrar failed to consider relevant factors and to properly inquire into material allegations / multiple unusual features including high 28 per cent deposit and relationship between licensees and vendor-licensees warranted further investigation / natural justice required that complaint be referred to Committee / Tribunal reversed decision / matter referred to Committee for inquiry
  13. [2025] NZREADT 46 - Kumar v Real Estate Agents Authority & Ors (14 November 2025) [PDF, 266 KB]

    Appeal / purchasers entered into unconditional S&P agreement which could not settle due to lack of finance / incurred losses, including forfeited deposit / Committee found licensee engaged in unsatisfactory conduct in failing to exercise skill and care, and for failing to deal fairly with the parties / ordered $4,500 penalty and $6,678.44 in costs / Real Estate Agents 2008, s89, s111 / Professional Conduct and Client Care Rules 2012, r5.1, r6.2 / HELD / licensee aware of high risk aspects of transaction / took insufficient steps to mitigate risks / failed to raise or document vendor finance agreements / unsatisfactory conduct finding upheld / Committee erred in uplifting fine for lack of genuine remorse / fine reduced to $3,500 / Committee erred in costs orders / exercise of costs jurisdiction must adhere to natural justice / Committee provided brief reasons and failed to allow licensee opportunity to be heard / costs order reversed
  14. [2025] NZREADT 45 - Montagna v REAA (3 November 2025) [PDF, 131 KB]

    Liability and penalty / licensee pleaded guilty to charge of unsatisfactory conduct for failure to disclose trustee and nominee position to vendors in sale of residential property / licensee did not contact vendors directly about nomination nor provide independent valuation nor seek informed consent / Real Estate Agents Act 2008, s72, s134, s135 / Professional Rules 2012, r6.1, r6.3, r6.4 / HELD / professional failings amounted to unsatisfactory conduct / gravity of offending at moderate level / licensee admitted liability and cooperated with Authority / no previous disciplinary history / licensee censured / ordered to pay $2,500 financial penalty / repayment of commission recoverable pursuant to s134 / licensee carried out real estate agency work beyond the point at which ASP became unconditional, notwithstanding receipt of commission / licensee ordered to repay portion of commission
  15. [2025] NZREADT 44 - OP v REAA (29 October 2025) [PDF, 134 KB]

    Application to review Registrar’s determination not to pursue complaint as it only disclosed inconsequential matters / complaint licensees failed to adequately communicate with complainant as to residential sale process relating to relationship property proceedings / alleged that licensees inappropriately managed and proceeded with sale, contrary to Family Court orders / Real Estate Agents Act 2008, s74, a112 / Professional Rules 2012 / HELD / licensees endeavoured to keep complainant informed throughout sale process / nature of dispute over compliance with Family Court orders not disciplinary matter involving licensees / allegation of unauthorised disclosure of information unsupported by evidence / licensees not responsible for safekeeping of complainant’s chattels and providing him access to property, especially given protection order in force restricting access / no evidence of misleading advertising / Committee’s decision upheld / no error of fact or law / application dismissed / R…
  16. [2025] NZREADT 43 KE v REAA (24 October 2025) [PDF, 115 KB]

    Application to review Registrar’s determination not to pursue complaint as it only disclosed inconsequential matters / complaint alleged that licensee had misled purchaser with false information, inducing him to sign agreement for sale and purchase / Real Estate Agents Act 2008, s74 / applicant alleged Registrar failed to consider evidence the licensee provided misleading information prior to purchase / Registrar considered and correctly identified that relevant correspondence did not support the applicant’s allegation / licensee did not make any positive statements about property owner’s specific rights or that there was a covenant the owner could enforce / no error of fact or law / application dismissed / Registrar’s decision confirmed
  18. [2025] NZREADT 41 - DQ & KU v CAC 2204 Rule (19 September 2025) [PDF, 328 KB]

    Penalty and compensation / unsatisfactory conduct / purchasers of residential property later discovered no legal vehicle access as driveway crossed a neighbouring property / licensees failed to identify and disclose access issue / Real Estate Agents 2008, s93, s110 / Professional Conduct and Client Care Rules 2012, r5.1 and r10.7 / HELD / wrongdoing at the upper end of low level or the lower end of medium level / no intention to deceive, though relatively high degree of carelessness / lack of legal vehicle access a relatively significant defect / red flag should have alerted licensees to potential issue / Tribunal reprimanded licensees and imposed fine of $2,500 each / purchasers’ losses of $5,920.43 casually connected to licensees’ wrongdoing / purchasers’ own failure to recognise potential issues against professional background and licensees’ lack of intention to deceive justified 40 per cent total reduction in compensation / licensees each ordered to pay $1,776.13 in compensation
  19. KU v REAA [2025] NZREADT 40 (8 September 2025) [PDF, 280 KB]

    Application to review Registrar’s determination not to pursue complaint as it only disclosed inconsequential matters / complaint licensees failed to advise applicant that downstairs section of property had no “permit” / complaint licensees failed to explain that area still required “consent”, distinct from “permit” / Real Estate Agents Act 2008, s74, s112 / HELD / licensees not required to discover hidden or underlying defects, but must disclose known or likely defects to a customer / unauthorised work may be disclosable “legal defect” / licensees disclosed legal defect with downstairs area / reference to “permit” as opposed to “consent” immaterial given applicant’s due diligence / Committee’s decision upheld / no error of fact or law / application dismissed.
  20. [2025] NZREADT 39 - QU & Ors v REAA (3 September 2025) [PDF, 259 KB]

    Appeal / appellants alleged that second respondent licensee knowingly failed to disclose lack of CCC for original dwelling / Committee found licensee’s reliance on conveyancing solicitor’s advice as to effect of subsequent CCC obtained was reasonable, though failure to discuss cancelled sale and purchase agreement to colleague who later listed property was unsatisfactory conduct / alleged Committee erred in not referring complaint to Tribunal to consider misconduct / Real Estate Agents 2008, s89, s107, s107A, s111 / Professional Conduct and Client Care Rules 2012, r5.1, r6.2, r6.4 / HELD / no evidence to suggest second respondent did not honestly believe in conveyancing solicitor’s advice that entire dwelling had a CCC / Committee correct to find licensee actually relied on solicitor’s advice / reliance was reasonable in the circumstances, given phrasing of CCC in conjunction with advice received / no evidence of intention to conceal / Committee’s decision confirmed / appeal dismissed
  21. [2025] NZREADT 38 - NC & DG v Coote & Miller (2 September 2025) [PDF, 276 KB]

    Appeal / property sold with numerous weathertight and other defects / building reports obtained by vendor, known to licensees, not disclosed to purchasers / Committee found unsatisfactory conduct for inadequate disclosure of defective window flashings, though not for defective roof or other items / licensees appealed against finding and penalty / purchasers appealed against dismissal of complaint regarding roof / Real Estate Agents 2008, s89, s111 / Professional Conduct and Client Care Rules 2012, r10.7 / licensees had no evidence supporting vendor’s assertion that window flashings had been repaired / re-inspection report indicated flashings had not been repaired / Committee correct to find breach / conversely, licensees’ failure to disclose specific roof defects immaterial given purchasers’ awareness of serious defects / re-inspection report suggested roof issues were addressed / $2,500 fine for licensee within acceptable range / appeals dismissed / Committee’s decision confirmed
  22. [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. 
  23. [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
  24. [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
  25. [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.