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955 items matching your search terms

  1. [2023] NZREADT 34 - IX v REAA (CAC2102) (8 December 2023) [PDF, 98 KB]

    Appeal / licensee advertised property as legal home and income when minor dwelling was not legally consented as dwelling / Committee found unsatisfactory conduct / licensee appealed against publication order / sought to admit fresh evidence / Real Estate Agents Act 2008, s64aiv, s661fv, s84, s108, s111 / HELD / admitting fresh evidence concerning licensee’s health is in interests of justice / starting point on publication is open justice / gravity of wrongdoing is relevant / licensee was found guilty of unsatisfactory conduct, which is less serious than misconduct, and did not involve dishonesty / public does not need protecting from licensee / publication would likely seriously jeopardise her wellbeing / privacy of licensee trumps public interest in knowing wrongdoing of licensees / licensee and agency granted name suppression / appeal allowed
  2. [2023] NZREADT 33 - CAC 2102 v LL (4 December 2023) [PDF, 240 KB]

    Liability and penalty / misconduct / licensee charged under s73a for kissing client without consent / Real Estate Agents Act 2008, s3, s73a, s108, s110, s110A / HELD / licensee pled guilty / first appearance before Tribunal / conduct was at high level of misconduct / fell squarely within the concept of disgraceful conduct / conduct was non-consensual and invasive of client’s personal autonomy / went significantly beyond that in Complaints Assessment Committee 1904 v Bright [2022] NZREADT 23 / caused significant impact on client / licensee wrote apology letters to client and Tribunal / acted dishonestly during Committee investigation by advancing false alibi, but subsequently accepted full responsibility / costs reduced due to financial position / permanent name suppression appropriate given clean record, importance of rehabilitation and potential significant impact of publication on licensee’s health / censured / ordered to pay $7,500 financial penalty / 20 per cent costs ($4,422.40)
  3. [2023] NZREADT 32 UM v REAA (3 November 2023) [PDF, 298 KB]

    Penalty / unsatisfactory conduct / licensee found guilty under s72a (conduct falling short of expected standard) and s72b (conduct contravening Act or Rules) for misrepresenting to purchaser commercial property’s rental income / Real Estate Agents Act 2008, s931ha, s1102g, s1104, 110A / Professional Rules 2012, r5.1, r6.4 / HELD / first appearance before Tribunal / misrepresentation innocent but had no strong foundation / conduct low-medium in seriousness / not minor or technical breach as it concerned important matter for purchaser / licensee cooperated but no apology / Committee should have referred compensation / Tribunal can self-refer compensation if unsatisfactory conduct found on appeal / is consistent with consumer protection focus of Act / no compensation or relief awarded as no causal connection between purchaser’s expenses and losses and licensee’s misrepresentation / self-represented purchaser not entitled to costs / censured / ordered to pay $1,500 financial penalty
  4. [2023] NZREADT 31 - CAC 2102 v Hoogwerf (2 November 2023) [PDF, 223 KB]

    Penalty / misconduct / licensee found guilty under s73a (disgraceful conduct) for producing false valuation report four times in respect of property he was seeking to acquire an interest in / Real Estate Agents Act 2008, s3, s73, s110, s110A / HELD / licensee forged report for own benefit to proceed with purchase, but no financial benefit gained / dishonesty at higher end of misconduct / honesty essential to achieving purpose of Act / clean record given little weight due to licensee’s short career / expressed remorse in email to Authority, but false reasons given for wrongdoing and lack of engagement with Tribunal show expression is not sincere / no apology or explanation / no confidence licensee learned from complaint / s1102e order necessary to protect public / five year prohibition period appropriate given the conduct was an isolated incident and there was no financial benefit / censured / prohibited from engagement for five years / 50 per cent costs ($14,496.44)
  5. [2023] NZREADT 30 - Turner v Real Estate Agents Authority (12 October 2023) [PDF, 171 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 did not file submissions / not disputed that 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
  6. [2023] NZREADT 29 CAC 1901 v KC (11 October 2023) [PDF, 202 KB]

    Costs application by licensee / Committee unsuccessful in pursuing misconduct charges / Real Estate Agents Act 2008, s110A / Complaints Assessment Committee 2106 v Mather [2021] NZREADT 54 / HELD / statutory factors justifying costs award not present / no rule that costs follow the event / requires something more than mere failure of prosecution or successful defence / prosecution’s evidence not inherently unreliable or so lacking in credibility that there was insufficient basis to proceed with charges / Committee pursued charges in response to Tribunal’s direction to consider doing so / no fault in Committee giving weight to Tribunal’s view / costs may have been awarded to Committee if successful, but no principle of reciprocity for costs / factor favouring costs for successful prosecution is performance of public regulatory duty, which does not favour successful licensees / long history of proceedings does not justify costs in licensee’s favour / application dismissed
  7. [2023] NZREADT 28 - Whalan and Partners Ltd v CAC2107 & SL (06 October 2023) [PDF, 232 KB]

    Appeal / agency contract showed commission estimate included GST / agency charged additional GST on commission in invoice / Committee found unsatisfactory conduct in relation to agency and took no further action in relation to two licensees / Real Estate Agents Act 2008, s111, s126 / Professional Rules 2012, r5.1 / HELD / Committee correct to inquire into agency’s conduct / handwritten note on agency contract saying commission “Inc of GST” made by licensees / licensees knew and intended commission to be GST inclusive / Committee did not treat agency and licensees contradictorily / basis for agency’s unsatisfactory conduct was that the agency itself invoiced the GST to the vendors / agency lacked skill and care in issuing invoice when it knew licensees told vendors GST was already included / Committee’s order to refund GST not inequitable / contractual position between vendors and agency irrelevant in this case / appeal dismissed / Committee’s decision confirmed
  8. [2023] NZREADT 27 – Sharma v CAC 1901 & Brake (3 October 2023) [PDF, 122 KB]

    Appeal / licensee failed to disclose prior burglaries and ownership of property in writing / Committee found unsatisfactory conduct / purchasers claim compensation for expenses incurred in securing property / licensee challenges costs award / Real Estate Agents Act 2008, s931f, s111, s136 / Professional Rules 2012, r6.4 / HELD / new compensation provisions of Act do not apply as conduct occurred prior to new provisions taking effect / Committee cannot award broad compensation under guise of relief from rectification / tortious measure of damages applicable, rather than expectation damages / purchasers’ claim for compensation failed due to lack of valuation evidence and as expense of securing property not causally connected to licensee’s conduct / costs challenge failed as licensee withdrew appeal against penalty, purchasers’ appeals of Committee’s liability and penalty decisions not hopeless, and no legal basis to stay costs award / appeal dismissed, Committee’s decision confirmed
  9. [2023] NZREADT 25 CAC 2102 v Hoogwerf (25 September 2023) [PDF, 238 KB]

    Liability / misconduct / licensee charged under s73a with misconduct for producing false valuation report four times in respect of property he was seeking to acquire an interest in / licensee did not attend hearing / Real Estate Agents Act 2008, s73, s109A, s110 / HELD / licensee sought to pass off valuation report as legitimate and from reputable valuation company / licensee admitted facts underlying charge / Tribunal rejected explanation that it was impossible for valuations to occur during COVID-19 restrictions / forgery of valuation report is dishonest even though licensee would receive no financial benefit and vendors would suffer no loss had he been successful / honesty essential to achieving purpose of Act and maintaining public confidence in profession / conduct a marked and serious departure from required standard of conduct / conduct would be regarded by agents of good standing and reasonable members of the public as disgraceful / charges upheld / penalty decision to follow
  10. [2023] NZREADT 26 – Day v REAA (20 September 2023) [PDF, 99 KB]

    Application to review Registrar’s determination / Registrar declined licensee’s application to defer completion of required continuing education / Real Estate Agents Act 2008, s54, s55, s112 / Real Estate Agents (Continuing Professional Development Rules) Notice 2018 / HELD / licensee failed to comply with CPD obligations / Registrar correctly followed statutory process in sending required communications to licensee / required communications were received by licensee / licensee’s application for deferral to Registrar made no reference to new information submitted before Tribunal / Registrar made no error of fact or law in its decision to decline licensee’s application for deferral / licensee unable to show that exceptional circumstances prevented her from completing required CPD / application dismissed, Registrar’s decision confirmed
  11. [2023] NZREADT 24 - CAC 2103 v Lieven (21 August 2023) [PDF, 242 KB]

    Penalty / unsatisfactory conduct / licensee found guilty under s72a (conduct falling short of expected standard), s72b (conduct contravening Act or Rules) and s72d (unacceptable conduct) for harassing tenants in emails concerning property viewings, threatening to sue tenants & knowledge of Residential Tenancies Act 1986 falling short of obligations as a real estate agent selling a tenanted property / Real Estate Agents Act 2008, s3, s72, s73, s110, s110A / Professional Rules 2012, r5.2, r6.3, r9.1 / HELD / conduct at moderate level of seriousness / threats not as serious as threats made in Subritzky and Li Wang (Re Complaint No C26114) / conduct in harassing tenants in manner that she did and in threatening to sue tenants was inappropriate / failed to accept responsibility for conduct / costs reduced as most serious charges not upheld and agreed statement of facts filed / censured / ordered to pay $3,000 financial penalty / ordered to undergo training / 20 per cent costs ($3,148.56)
  12. [2023] NZREADT 23 - ZI v CAC 2107 (17 August 2023).pdf [PDF, 178 KB]

    Appeal / licensee misrepresented number of bedrooms in property / Committee found unsatisfactory conduct / complainant brought appeal out of time / Real Estate Agents Act 2008, s111 / Catley v Real Estate Agents Authority [2019] NZREADT 57 / Beckett v Real Estate Agents Authority [2019] NZREADT 58 / HELD / complainant sought discussion with lawyer about possible claim in Disputes Tribunal / did not seek advice about appeal to this Tribunal / appeal filed 15 working days late / not a short delay / complainant informed of appeal rights in Committee’s decisions / research about appeal rights could have been done earlier / could have contacted Authority or Tribunal about appeal rights / high threshold for acceptance of late appeal not met / no exceptional circumstances / appeal not accepted
  13. [2023] NZREADT 21 Wang v REAA (16 August 2023) [PDF, 169 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 did not file submissions / not disputed that 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
  14. [2023] NZREADT 20 - CAC 2107 v Sheldon (Penalty) (14 August 2023) [PDF, 226 KB]

    Penalty / unsatisfactory conduct / licensee found guilty under s72a (conduct falling short of expected standard) for miscommunication leaving prospective purchaser to understand he was asked to lie about reason for withdrawing offer / Real Estate Agents Act 2008, s3, s72, s110, s110A / HELD / low level of unsatisfactory conduct / licensee’s communication was garbled / no deceit involved / licensee cannot rely on clean record due to prior finding of unsatisfactory conduct / costs principles in TSM applicable to unsatisfactory conduct cases / orthodox position of 50 per cent costs can be displaced particularly where Committee failed on all charges and unsatisfactory conduct was not advanced by Committee but found by Tribunal / licensee admitted underlying facts early in case and admitted unsatisfactory conduct prior to hearing / no factors in s110A indicate costs should be awarded against licensee / censured / ordered to pay $2,000 financial penalty / no costs order made
  15. [2023] NZREADT 19 - NQ v Real Estate Agents Authority (CAC 2104) (9 August 2023) [PDF, 169 KB]

    Appeal / auctioneer misinterpreted indication of maximum price as bid and put purchaser under undue pressure at auction / licensee misrepresented property’s location and number of bedrooms / Committee found unsatisfactory conduct for misrepresenting number of bedrooms and took no further action on other heads of complaint / Real Estate Agents Act 2008, s111 / Professional Rules 2012, r6.4, r9.2 / HELD / purchaser’s narrative of auction events improbable / common practice for auctioneer to privately negotiate with bidders when auction stalled / threshold for undue pressure is high / purchaser more likely than not understood he placed bid / online advertising text itself misleading as to location of property, but advertising material in totality not misleading / purchaser’s email was a submission / submissions process followed by Committee was proper / Tribunal agreed with penalty imposed by Committee for same reasons as Committee / appeal dismissed / Committee’s decision confirmed
  16. [2023] NZREADT 18 - Oberoi v REAA (28 July 2023) [PDF, 171 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 / HELD / licensee did not file submissions / not disputed that licensee was required to complete CPD by certain date, received required communications from Registrar, and 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
  17. [2023] NZREADT 17 - UM v REAA (26 July 2023) [PDF, 250 KB]

    Appeal / licensee misled or misrepresented to purchaser commercial property’s rental income, tenant identity and tenure, loan conditions, outgoings and property yield / withheld bank statements for rent / licensee and auctioneer put purchaser under undue pressure at auction / Committee took no further action / Real Estate Agents Act 2008, s72, s892c, s111 / Professional Rules 2012, r5.1, r6.4, r9.2, r9.4 / Vosper v Real Estate Agents Authority [2017] NZHC 453 / Tesar v Real Estate Agents Authority [2014] NZREADT 18 / HELD / breach of r5.1 &  r6.4 / statement of net annual rent implies actual rent paid and was misleading as actual rent paid was lower due to rental rebates / actual rent paid objectively significant to purchasers of commercial property, and purchaser was clear it was important / licensee can be liable for innocently misstating important information / other heads of complaint dismissed / unsatisfactory conduct in relation to rental income found / appeal partially allowed
  18. [2023] NZREADT 16 - CAC 1901 v KC (3 July 2023) [PDF, 158 KB]

    Liability / misconduct / licensee found guilty of unsatisfactory conduct for giving false answer to question about safety of property and area / whether misconduct charges should be brought referred back to Committee / now charged under s73a or s73b / Real Estate Agents Act 2008, s4, s72, s73 / Professional Rules 2012, r6.4 / HELD / vendor licensee arranging and meeting purchasers on site meets definition of real estate agency work as property was marketed by licensee’s agency / carried out work normally performed by agent and not vendor / vendor conducting services on own behalf complies with definition / licensee asked if property and area was good, not if it was safe / purchasers’ evidence not credible / licensee not deliberately untruthful as previous burglaries not at top of her mind in answering question if area was good / negligently withheld information which should have been provided but was not disgraceful or seriously incompetent or negligent / charges dismissed
  19. [2023] NZREADT 15 – Wilson v CAC 2102 & EE [PDF, 230 KB]

    Appeal / licensee marketed property as providing rental income when renting downstairs area for residential purposes not permitted / failed to disclose downstairs area was unconsented / licensee contacted purchaser after complaint was referred to Committee / Committee found unsatisfactory conduct / Real Estate Agents Act 2008, s4, s72, s111 / Professional Rules 2012, r5.1, r6.2, r6.3, r6.4, r10.7 / HELD / evidence shows marketing referred to income from residential and not commercial use / evidence shows downstairs area was unconsented / due diligence clause not a justification for failure to disclose unconsented downstairs area as licensee was aware of defects / email to purchaser was not real estate agency work, and even if it was, would not warrant disciplinary action / Committee should have had regard to context and content of email / Committee’s decision partially reversed / unsatisfactory conduct finding in relation to email vacated / penalty reduced / appeal partially allowed
  20. [2023] NZREADT 14 - CAC 2107 v Sheldon (13 June 2023) [PDF, 156 KB]

    Liability / misconduct / licensee charged under s73a or s73ciii for requesting prospective purchaser to lie about reason for withdrawing offer / Real Estate Agents Act 2008, s72, s73, s91, s105, s109, s110 / Professional Rules 2012, r6.3 / HELD / purchaser’s affidavit inconsistent with oral evidence that it was his “impression” the licensee asked him to change withdrawal reason, thus did not establish on balance of probabilities that licensee made the request / Tribunal accepted licensee’s evidence that his message was to point out effect of withdrawal to vendors / misconduct charges require stronger evidence / licensee’s intention for message cannot be proven / licensee’s message consistent with request for purchaser to get second opinion due to discrepancy in repair cost estimates by vendors and building inspector / however, licensee found guilty of unsatisfactory conduct under s72a as purchaser was left with the impression to change withdrawal reason / penalty decision to follow
  21. [2023] NZREADT 13 - CAC v Sun (9 June 2023) [PDF, 160 KB]

    Penalty / misconduct / former licensee found guilty under s73b (seriously negligent or seriously incompetent) for marketing lots without agency agreements, misrepresenting lot sizes & failing to ensure purchasers obtained professional advice, disclosing confidential information, and failing to ensure agreements contained material GST particulars before signature / Real Estate Agents Act 2008, s3, s73, s110, s110A / Professional Rules 2012, r5.1, r6.1, r6.4, r9.1, r9.6, r9.9, r9.17 / HELD / higher level of misconduct / lacked fundamental understanding of professional obligations and real estate transactions / no previous disciplinary history / voluntarily suspended license, but did not acknowledge responsibility or show remorse until after lengthy hearing / licensee indicated she had limited funds available / censured / ordered to pay $7,500 financial penalty / 50 per cent costs ($27,271.50)
  22. [2023] NZREADT 12 - KD & DX v Donaldson (31 May 2023) [PDF, 214 KB]

    Compensation referral / ruling on jurisdiction / Committee found licensee guilty of unsatisfactory conduct for failing to disclose reports on damage to property and potential risks / Committee referred compensation to Tribunal under s931ha / Real Estate Agents Act 2008, s12, s72, s89, s93, s106, s110, s111 / Professional Rules 2012, r6.4, r10.7 / HELD / amicus curiae not required to determine Authority’s role or for proceeding to be just / Committee and Authority are not parties to referral / Authority can assist on issues of jurisdiction, powers and procedures, and interpretation of the Act including proper measure of loss, but should be neutral / preliminary view on compensation referral jurisdiction / confined to loss arising from unsatisfactory conduct as found by Committee, but complainant may reformulate compensation claims / must show a Court could order compensation or damages in accordance with law / full, formal procedures for civil claims not appropriate
  23. [2023] NZREADT 11 - CAC 2103 v Lieven (15 May 2023) [PDF, 263 KB]

    Liability / licensee charged under s73 and s72 for communications with tenants as selling agent regarding consent for viewings / Evidence Act 2006, s50 / Real Estate Agents Act 2008, s4, s72, s73, s91, s109 / Residential Tenancies Act 1986, s48 / Professional Rules 2012, r5.2, r6.3, r9.1 / admissibility / Tenancy Tribunal and District Court decisions admissible / misconduct charges not proven / does not meet threshold for disgraceful conduct, not proven wilful or reckless breach of r6.3, or seriously incompetent or seriously negligent real estate work / unsatisfactory conduct found / breach of s72a, s72b (for breach of r5.2, r6.3) & s72d / licensee was acting as a real estate agent during conduct / harassed and threatened tenants / demonstrated unsound knowledge of Residential Tenancies Act 1986 / charges partially upheld / penalty decision to follow 
  24. [2023] NZREADT 10 – Complaints Assessment Committee 2103 v Sharma (8 May 2023) [PDF, 218 KB]

    Penalty / misconduct / former licensee found guilty under s73a (disgraceful conduct) for failing to account for $92,210 of bond money relating to 49 residential tenancies paid to his property management company to be transferred to Tenancy Services / instead, bond money was retained for use by his businesses / Real Estate Agents Act 2008, s3, s73a, s93, s110, s110A / HELD / theft of over $92,000 is at high end of misconduct and undermines purpose of the Act which is to protect the interests of consumers / consumers are entitled to expect licensees to act with honesty and integrity / licensee provided no evidence of financial circumstances / first appearance before Tribunal, but wrongdoing was not an isolated incident / admitted misconduct and apologised, but only at the last moment at the hearing / if licensee still retained a licence it would have been cancelled / censured / ordered to pay $15,000 financial penalty / 50 per cent costs ($17,477.75)
  25. [2023] NZREADT 9 – Complaints Assessment Committee 2108 v O’Brien & Wildman (28 April 2023) [PDF, 247 KB]

    Liability and penalty / misconduct / two licensees charged under s73b and s73c / first licensee marketed property for sale without agency agreement, failed to ensure conjunctional sale agreement was in place, failed to explain he was assisting second licensee, deprived agency of commission, performed real estate work without supervision, misled agency about commission / second licensee worked with first licensee without agreement between agencies / deprived agency of commission / Real Estate Agents Act 2008, s3, s73b, s73c, s93, s110, s110A / Professional Rules 2012, r5.1, r5.2, r6.2, r6.3, r6.4, r9.6 / HELD / both licensees plead guilty / reckless conduct but not dishonest / apologised and expressed remorse / first licensee continually failed to meet professional obligations / donated part of commission to charity / censured / $6,500 fine / second licensee intentionally paid full commission to first licensee / censured / $3,000 fine / 50 per cent costs ($1,552.50), split evenly