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925 items matching your search terms

  1. [2023] NZREADT 1 - CAC 1904 v Bright (16 January 2023) [PDF, 129 KB]

    Penalty / misconduct / licensee guilty (s73(c)(iii)) for recklessly contravening r6.3 by consensually hugging client, together with a peck on the cheek & their cheeks touching, and accidentally brushing of their lips / Real Estate Agents Act 2008, s3, s93, s110 / Professional Rules 2012, r6.3 / HELD / incident was consensual and not sexual / licensee was found to have overstepped professional boundaries / conduct was serious albeit a momentary lapse only / conduct at low-moderate to moderate level / licensee censured / ordered to pay $4,000 financial penalty / 20 per cent costs ($7,109)
  2. [2022] NZREADT 28 - Harris (14 December 2022) [PDF, 136 KB]

    Application to review Registrar’s determination / Registrar cancelled licence as person failed to complete required continuing education / whether licence was validly cancelled & should Registrar exempt or defer CPD hours / Real Estate Agents Act 2008, s54d, s55, s56, s112 / Real Estate Agents (Continuing Professional Development Rules) Notice 2018, cl13 / HELD / Registrar correctly followed statutory process & made final decision to cancel licence / request for exemption or deferral of CPD requirements under cl13 must occur before licence is cancelled, and appears to need to be made before the due date of the CPD hours to avoid triggering s54d / licensee did not check emails, but it is the licensee’s responsibility to ensure they receive communications from Registrar / Registrar must cancel licence as required by s54d / no error of fact or law / application dismissed, Registrar’s decision confirmed
  3. [2022] NZREADT 26 He & An (22 November 2022) [PDF, 253 KB]

    Penalty / misconduct / first licensee guilty (s73b) for sending draft agreement to another licensee without deleting previous signatures and not ensuring new signatures were obtained / second licensee guilty (s73b) for failing to check whether he had consent to insert signatures / Real Estate Agents Act 2008, s3, s91, s110 / Professional Rules 2012, r5.1, r6.1, r6.3 / HELD / first licensee / two prior adverse disciplinary findings relevant / admitted wrongdoing early and co-operated / conduct at moderate to higher level / while not deliberate or dishonest, same outcome / first licensee censured / ordered to pay $10,000 financial penalty / second licensee / no prior disciplinary history / voluntary suspension of licence relevant / denied involvement for significant period before admitting wrongdoing / similar seriousness to first licensee / second licensee censured / ordered to pay $4,000 financial penalty / 50 per cent costs ($2,839), split evenly
  4. [2022] NZREADT 25 — Salt & Kellar v Real Estate Agents Authority (18 November 2022) [PDF, 148 KB]

    Appeal / complaint licensees failed to disclose relevant information about an agreement affecting lessee’s liability for outgoings / Committee found unsatisfactory conduct / Real Estate Agents Act 2008, s72, s111 / Professional Rules 2012, r6.2, r6.4 / HELD / Tribunal not persuaded Committee’s conclusions were wrong / property was advertised as having a specific return, “+ ... OPEX” / failure to draw attention to a known agreement between vendor and lessee, reducing lessee’s liability for outgoings, affected purchaser’s knowledge of expected return / insufficient to rely on purchaser’s solicitor to identify agreement bundled in with sale and purchase agreement / licensees were also aware purchasers could have claimed a credit from vendor at settlement and did not disclose this / no submissions that Committee made a legal error in setting penalty / appeal dismissed / Committee’s decision confirmed
  5. [2022] NZREADT 24 - Complaints Assessment Committee 2103 v Sharma (14 November 2022) [PDF, 258 KB]

    Liability / misconduct / licensee charged 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, s73, s91 / Residential Tenancies Act 1986, s19 / HELD / licensee admits charge and apologised at the hearing / conduct is a marked and serious departure from the expected standard of a professional real estate agent and would be regarded by agents of good standing and reasonable members of the public as disgraceful / honesty is essential to achieve the purpose of the Act, particularly public confidence in the industry / charge upheld / penalty decision to follow
  6. [2022] NZREADT 23 - CAC 1904 v Bright (8 November 2022) [PDF, 278 KB]

    Liability / licensee charged under s73a & s73ciii / licensee recklessly contravened r6.3 by consensually hugging client, together with a peck on the cheek & their cheeks touching, and an accidental brushing of their lips / conduct occurred at remote open home and the parties were not previously known to each other / Real Estate Agents Act 2008, s3, s73, s91, s108, s110 / Professional Rules 2012, r6.3 / HELD / conflicting evidence given by complainant and licensee / Tribunal found complainant’s evidence was a fabrication due to an implausible narrative, an inconsistency with another witness, and evasiveness on whether she shared certain personal information / on licensee’s evidence, event was consensual and not disgraceful / however, conduct would likely bring industry into disrepute, as private space is critical in professional relationships / licensee was recklessly indifferent to the rules as he would have known it was inappropriate / penalty decision to follow
  7. [2022] NZREADT 22 — QQ v REAA (CAC 1902) & NQ (25 October 2022) [PDF, 171 KB]

    Costs applications by appellant and licensee / appellant unsuccessfully appealed Committee’s decision to take no further action / complaint and appeal alleged licensee was dishonest, acted in bad faith, and faked a document / Real Estate Agents Act 2008, s110A, s111 / HELD / no evidential basis for complaint / s110A2 factors not present / appellant did not lack good faith and did not obstruct process, and believed allegations to be true / no reasonable basis for appeal, particularly regarding dishonesty, fake document and bad faith allegations / licensee entitled to reasonable contribution towards costs, but in the absence of bad faith or obstruction, not entitled to indemnity costs / two-thirds of reasonable costs appropriate / costs of $11,560 awarded to licensee / no basis for appellant’s costs application
  8. [2022] NZREADT 21 - Wei v REAA (14 October 2022) [PDF, 93 KB]

    Application to review Registrar’s determination / Registrar cancelled licence as person failed to complete required continuing education / Real Estate Agents Act 2008, s54d, s55, s112 / Real Estate Agents (Continuing Professional Development Rules) Notice 2018 / HELD / not disputed that licensee was required to complete CPD, received required communications from Registrar, and did not complete CPD / statutory process followed correctly / Registrar must cancel licence as required by s54d / no error of fact or law / application dismissed, Registrar’s decision confirmed
  9. [2022] NZREADT 18 – QQ v REA NQ (7 September 2022) [PDF, 233 KB]

    Appeal / complaint licensee did not disclose specific leak, conspired to have appellant vacate property to hide the leak, falsely alleged the appellant delayed listing and settlement, and overcharged for marketing / Committee took no further action / Real Estate Agents Act 2008, s111 / Professional Rules 2012, r6.2, r10.7 / HELD / no breach of r10.7 or r6.2 / Committee addressed defects generally, did not specifically address specific leak / nevertheless, property marketed and sold on “as is, where is” basis, and evidence shows licensee disclosed specific leak to potential purchasers / not required to investigate gravity or source of leak / advice that vacant premises would achieve best sale price appropriate, no bad faith motive / no evidence of overcharging, or that licensee blamed appellant for delaying listing or settlement / licensees must be honest to owners about disbursements / appeal dismissed
  10. [2022] NZREADT 17– Zhang v REAA (31 August 2022) [PDF, 175 KB]

    Application to review Registrar’s determination / Registrar cancelled licence as person failed to complete required continuing education / Real Estate Agents Act 2008, s54d, s55, s112 / Real Estate Agents (Continuing Professional Development Rules) Notice 2018 / HELD / not disputed that licensee was required to complete CPD by certain dates, received required communications from Registrar, and did not complete CPD by deadline / statutory process followed correctly / Registrar must cancel licence as required by s54d / licensees are responsible for ensuring they receive both email and postal correspondence / no error of fact or law / application dismissed, Registrar’s decision confirmed
  11. [2022] NZREADT 16 - CAC 2102 v He & An (15 August 2022) [PDF, 172 KB]

    Liability / misconduct / first licensee charged under s73b or s72b for using previous signed agreement to draft a new agreement, sending that new agreement to another licensee without removing previous signatures, and not ensuring new signatures were obtained / second licensee charged under s73a or s73b for amending new agreement to include initials, instead of having agreement signed / Real Estate Agents Act 2008, s3, s72b, s73a, s73b / Professional Rules 2012, r5.1, r6.1, r6.3 / HELD / neither licensee found to be a credible witness / first licensee breached rr5.1, 6.1 & 6.3, guilty under s73b / failure to delete signatures and initials of parties before forwarding document a serious departure from acceptable standards / second licensee guilty under s73b / failure to check whether he was acting correctly in inserting initials was seriously negligent / penalty decision to follow
  12. [2022] NZREADT 15 – Complaints Assessment Committee 2108 v Rankin Tremain Real Estate Wairarapa Ltd (10 August 2022) [PDF, 224 KB]

    Liability and penalty / salesperson charged under s73a / agency charged under s73ciii or s73b / salesperson forged signatures on six agency agreements / agency internally disciplined salesperson when first forgery discovered, but did not report misconduct to REAA / Real Estate Agents Act 2008, s3, s73a, s73b, s73ciii, s91, s110, s1102e, s110A / Professional Rules 2012, r7.2 / HELD / salesperson admitted disgraceful conduct / forgery deceitful, disgraceful, despite no loss or financial gain / ordered censure / licence would have been cancelled if held, instead s1102e order made prohibiting engagement for five years / no fine / agency admitted wilful contravention of r7.2, s73ciii charge upheld / internal handling motivated by welfare concern, but should have advised REAA of concerns with report / after learning of first forgery, should have investigated other sales / low-level wrongdoing / ordered censure / $2,000 fine / 50 per cent costs ($4,000), split evenly
  13. [2022] NZREADT 14 - Shaw v REAA (4 July 2022) [PDF, 94 KB]

    Application to review Registrar’s determination / Registrar cancelled licence as person failed to complete required continuing education / Real Estate Agents Act 2008, s37, s54d, s55, s112 / Real Estate Agents (Continuing Professional Development Rules) Notice 2018, cl7 / HELD / not disputed that licensee was required to complete CPD by certain dates, received required communications from Registrar, and did not complete CPD by deadline / statutory process followed correctly / Registrar must cancel licence as required by s54d / no error of fact or law / application dismissed, Registrar’s decision confirmed
  14. [2022] NZREADT 13 - Seghal v REAA (22 June 2022) [PDF, 89 KB]

    Application to review Registrar’s determination / Registrar cancelled licence as person failed to complete required continuing education / Real Estate Agents Act 2008, s54d, s55, s112 / Real Estate Agents (Continuing Professional Development Rules) Notice 2018, cl7 / HELD / applicant did not file submissions / no dispute applicant failed to complete continuing education / satisfied Registrar made no error of law and followed correct process / s54 is imperative and if one provision applies, the Registrar has no discretion not to cancel the licence / application dismissed, Registrar’s decision confirmed
  15. [2022] NZREADT 12 - D v REAA 2106 (7 June 2022) [PDF, 194 KB]

    Appeal / complaint licensee and/or agency refunded deposit to incorrect party / relevant conduct occurred in 2003, complaint made in 2021 / Committee took no further action under s801a due to length of time that had elapsed / Real Estate Agents Act 2008, s801a, s111/ HELD / Committee’s use of s801a an exercise of discretion / Kacem v Bashir [2010] NZSC 112 / Committee’s decision has no error of law or principle, irrelevant considerations, failure to take into account relevant considerations, and is not plainly wrong / licensee has no documentation whatsoever relating to deposit monies and cannot provide a defence / relevant corporate agency is no longer a licensee and has been liquidated and removed from Companies Register / appeal dismissed   
  16. [2022] NZREADT 11 – BM & FM v REAA (2 June 2022) [PDF, 174 KB]

    Appeal / complaint licensees misleadingly advertised property / ad specified there were two quality houses & licensees provided rental appraisal for both / bungalow lacked resource consent / whether licensees should have advertised there was no resource consent / Committee found unsatisfactory conduct / Vosper v Real Estate Agents Authority [2017] NZHC 453 / Professional Rules 2012, r 6.4 / HELD / question is whether statement or omission is capable of misleading a customer / advertisement accurate, not misleading, bungalow habitable and occupied / evidence demonstrates bungalow did not need resource consent at the time of sale as it was built before consent required / licensees did not tell purchasers bungalow had resource consent & advised all prospective buyers it did not / lack of resource consent immaterial / Committee’s decision reversed / unsatisfactory conduct finding vacated / penalty set aside / appeal allowed
  17. [2022] NZREADT 10 – HD v REAA and LD (18 May 2022) [PDF, 216 KB]

    Applications to adduce new evidence & for an oral hearing / alleged misrepresentation about difficulty obtaining council consent / Real Estate Agents Act 2008, s 105, s 107, s 107A, s 111 / Nottingham v Real Estate Agents Authority [2017] NZCA 1 / Eichelbaum v Real Estate Agents Authority (CAC 303) [2016] NZREADT 3 / Complaints Committee No.1 of the Auckland District Law Society v P (2007) 18 PRNZ 760 (HC) / HELD / admissibility / purchaser’s son’s statement and relevant email admitted by consent / purchaser’s wife’s evidence is hearsay & not cogent, cannot be adduced / licensee’s Deal Transaction Report could have been provided to Committee & not cogent, cannot be adduced / licensee’s wife’s evidence about who was at meeting is relevant & cogent; but hearsay or unimportant evidence inadmissible / oral hearing / critical factual issue turns on credibility of witnesses / interests of justice require oral hearing to give evidence and be cross-examined / applications partially granted
  18. [2022] NZREADT 9 BT ST v REAA (12 May 2022) [PDF, 248 KB]

    Appeal / complaint licensee took commission before contractually entitled, did not hold deposit in trust account until agreement was fully unconditional, and should have refunded full deposit when agreement was cancelled / Committee took no further action / Real Estate Agents Act 2008, s111, s122, s124, s126 / Professional Rules 2012, r9.1 / HELD / applications to introduce further evidence declined / jurisdiction / fresh complaint licensee did not comply with s126 cannot be addressed on appeal / Tribunal not persuaded Committee was wrong that licensee entitled to take commission when agreement was declared unconditional / consequentially, licensee did not breach fiduciary duties or duties as stakeholder / appeal dismissed, Committee’s decision confirmed
  19. [2022] NZREADT 8 - EX & XN v REAA (5 May 2022) [PDF, 204 KB]

    Appeal / complaint licensee did not disclose suicide at property / Committee took no further action / Real Estate Agents Act 2008, s 111 / Professional Rules 2012, r 6.4 / HELD / purchasers contend licensee advised them of a sudden death at the property, but did not specify it was a suicide / no other evidence provided by purchasers / licensee and manager provided considerable supporting evidence as to disclosure of suicide / disclosure of suicide is confirmed in listing agreement / other prospective purchasers confirm the suicide was disclosed / other licensees at agency confirm disclosure requirements were clearly communicated by manager at team meetings / implausible that licensee disclosed suicide to other prospective purchasers but not the purchasers / appeal dismissed
  20. [2022] NZREADT 7 - WM & NU v Real Estate Agents Authority (28 April 2022) [PDF, 317 KB]

    Appeals by licensee against liability and penalty & complainants against penalty / Committee found unsatisfactory conduct / ordered apology / $7,000 fine / Real Estate Agents Act 2008, s 72, s 89, s 111 / Professional Rules 2012, r 6.2, r 6.4 / HELD / licensee misrepresented occupation could occur next month but should reasonably have known house was nowhere near completed, in breach of rr 6.2 and 6.4 / withheld information as to the effect on occupation of the lack of council certificates and title, in breach of r 6.4 / developer’s intention to cancel agreement was confidential until actually cancelled, related adverse findings set aside / penalty / gravity of wrongdoing not affected by vacated findings / prior disciplinary history aggravating / fine confirmed / licensee prepared to apologise / not worthwhile for licensee to complete same training again / Committee had no power to refer or award compensation when conduct occurred / compensation not awarded / appeal partially allowed
  21. [2022] NZREADT 6 - Lawrence v REAA (11 April 2022) [PDF, 142 KB]

    Application to be heard / licensees request to be heard on a review of Registrar’s determination that complaint discloses only an inconsequential matter and need not be pursued / Real Estate Agents Act 2008, s 74, s 105, s 106, s 112 / Real Estate Agents (Complaints and Discipline) Regulations 2009, regs 9, 10 / HELD / deliberate distinction in s 106 to exclude reviews from rights of appearance / reg 9 provides copy of review application must only be given to the Registrar, contrasted with reg 10 for appeals which must be given to licensees / hearing from licensees at this stage risks raising merits of complaint / licensees fully protected by subsequent complaints process / Tribunal observes that it would be reluctant to grant leave to allow new evidence on a review of a s 74(3) determination / application dismissed
  22. [2022] NZREADT 5 - MacDonald v REAA (6 April 2022) [PDF, 221 KB]

    Appeal / complaint licensee did not advise purchasers of a multi-offer situation, and did not give the complainant an opportunity to present their offer / failure to comply with fiduciary obligations, act in good faith and fairly & keep vendors well informed / Committee found unsatisfactory conduct / licensee censured / ordered to undergo training / $1,000 fine / Real Estate Agents Act 2007, s 72, s 89, s 111 / Professional Rules 2012, rr 6.1, 6.2, 6.4, 9.3 / HELD / Tribunal hearings initially adjourned, stayed, pending appellant’s medical circumstances / further adjournments required full medical certificate / no medical evidence provided which could justify failure to participate / appellant did not provide substantive submissions / appellant bears onus of proof / Committee’s decisions confirmed
  23. [2022] NZREADT 4 - CX v REAA (5 April 2022) [PDF, 324 KB]

    Appeal / complaint licensees fraudulently advertised property / claim that destocking date in sale and purchase agreement did not reflect the lease, despite licensees advising it would / also, licensees failed to disclose that water tanks on property belonged to lessee and were not connected to district scheme, as set out in supplied property reports / Committee took no further action / Real Estate Agents Act 2008, s 111 / Professional Rules 2012, rr 6.4 / HELD / no breach of r 6.4 / appellant knew licensees did not have a copy of the lease / licensees made proper enquiries to check consistency / on the facts, destocking date in agreement consistent with lease / appellant raised no relevant query about water tanks, nothing to alert licensees about ownership issue / property reports warned information was supplied by vendors / obligation under r 6.4 is not a substitute for purchaser due diligence / Committee’s decision confirmed 
  24. [2022] NZREADT 3 - IE v REAA (15 March 2022) [PDF, 189 KB]

    Jurisdiction / Registrar’s determination / Registrar determined not to pursue a complaint as it only disclosed an inconsequential matter / applicant continued corresponding with the Authority over some months and the Authority continued to advise that the complaint remained closed / applicant then applied to review an email advising that the complaint remained closed / Real Estate Agents Act 2008, s 74(3), s 112 / Lawrence v Registrar of the Real Estate Authority [2021] NZREADT 44 / Leaders Real Estate (1987) Ltd v Real Estate Agents Authority [2015] NZREADT 41 / HELD / email advising the complaint remained closed is not a determination under s 112(1) / does not make findings or decisions concerning rights / merely confirms that an earlier decision had been made / review of substantive earlier determination is out of time / Tribunal has no power to extend time for review applications under s 112 / no jurisdiction / application dismissed
  25. [2022] NZREADT 2 - BX v REAA (28 February 2022) [PDF, 276 KB]

    Appeal / licensee incorrectly represented rental income from cottage and loft as legal / failed to recognise cottage not residentially consented; did advise loft not consented / did not draw warranties to vendors’ attention / showed property without agency agreement / Real Estate Agents Act 2008, s 111 / Professional Rules 2012, rr 5.1, 6.4, 9.6 / unsatisfactory conduct for breach of rr 5.1 (vendor warranties), 6.4 (cottage consent, cottage & loft income) / no penalty for minor breach of r 9.6 (agency agreement), no prejudice / instructed not to disclose suicide on property / licensee appropriately disclosed significant event occurred / no evidence appellant could cancel agreement after sale confirmed as unconditional / Committee has no power to order compensation when conduct occurred / $3,500 fine confirmed / censure confirmed / appeal dismissed