Ministry of Justice

Appeal / vendor sold property to another purchaser / complaint licensee dealt unfairly with an unsuccessful offeror, leading to unfair sale process and wasted due diligence costs / did not advise of another higher offer, and did not engage in multi-offer process / also alleged licensee failed to disclose subsidence issue to successful purchaser / Committee took no further action / Real Estate Agents Act 2008, s 109A, s 111 / Professional Rules 2012, rr 5.1, 6.2, 6.4, 10.7, 10.8 / HELD / strike-out grounds not met / reasonable to recommend due diligence / licensee not aware of other bidder at times relevant to allegations / successful purchaser dealt directly with vendor / licensee raised multi-offer process but vendor declined / licensee disclosed subsidence issue to purchaser when sending draft sale and purchase agreement / no evidence purchasers not told of subsidence issue by vendor / purchasers declined to speak to investigator / Committee’s decision confirmed

Appeal and cross-appeal / licensees did not provide REAA guide before entering into agency agreement / also attended vendor’s property to serve demand for commission and photographed service / Real Estate Agents Act 2008, s 127 / Professional Rules 2012, rr 5.1, 5.2, 6.3, 9.11 / HELD / vendors’ appeal against no further action decision on complaints about privacy and inadequate supervision / not unprofessional to lawfully effect personal service or take photograph / privacy rights properly enforced in other jurisdictions / no failure to properly supervise / licensees’ appeal against breach findings for rr 5.1 and 9.11 / minor breach of s 127(1) and rr 5.1 and 5.2 by failing to provide REAA guide before entering into agreement / guide was supplied by consent later that evening / r 9.11 only applies on notice of cancellation, not when agency agreement expires / no breach of r 9.11 / $3,000 fine per licensee vacated, substituted with $500 fine per licensee  DP

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 

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.

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.

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.

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.  

Appeals under s 111 of the Real Estate Agents Act 2008. Appeals against decision to take no further action on complaint of collusion, Committee’s finding that licensees guilty of unsatisfactory conduct in relation to non-disclosure, and appeal against penalty. Outcome: appeals dismissed. Applicant allowed 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.

Original decision to refer matter back to Complaints Assessment Committee stands. Real Estate Agents Act 2008.

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.