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836 items matching your search terms

  1. [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
  2. [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
  3. [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)
  4. [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
  5. [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 
  6. [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)
  7. [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
  8. [2023] NZREADT 8 - HD v Real Estate Agents Authority (CAC 2102) (12 April 2023) [PDF, 231 KB]

    Appeal / complaint licensee made a misleading representation about it being easy to obtain council consent to substantially move building platform position on title plan / Committee took no further action / Real Estate Agents Act 2008, s111 / Professional Rules 2012, r5.1, r6.4 / HELD / breach of r5.1 & r6.4 / Tribunal accepts licensee made the representation & that it was capable of affecting the purchaser’s decision / not necessary to prove reliance to breach Rules / representation made in good faith, as minor adjustments had been approved for other building platforms / breach does not meet threshold for disciplinary response / purchaser has been a real estate agent for decades / rejected due diligence clause offered / was aware consent would be required / vendor advised platform could not be moved / not reasonable to rely on representation / Committee’s decision confirmed
  9. [2023] NZREADT 7 - CAC 2002 v Sun (6 April 2023) [PDF, 309 KB]

    Liability / misconduct / licensee charged under s73b 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, s91 / Professional Rules 2012, r5.1, r6.1, r6.4, r9.1, r9.6, r9.9, r9.17 / HELD / breach of r9.6 / marketed lots by taking prospective purchasers to them, without agency agreement / breach of r5.1 and r6.4 / misrepresented lot sizes & lacked understanding of plans / should have sought clarification or recommended professional advice / purchasers relied on incorrect information / breach of r6.1, r9.1, r9.17 / disclosed vendor’s financial position without authority / breach of r5.1 and r9.9 / failed to ensure GST schedules were completed before agreements signed / breaches were seriously negligent or incompetent / charges upheld
  10. [2023] NZREADT 6 - NQ v Real Estate Agents Authority (CAC2104) (4 April 2023) [PDF, 289 KB]

    Application for leave to adduce new evidence / Real Estate Agents Act 2008, s105, s111 / appeals reconsider evidence and material provided to the Committee / admissibility / new evidence must be credible, not able with reasonable diligence to have been provided to the Committee, cogent & would have an important influence on the outcome / overriding consideration is the interests of justice / relevant whether admitting new evidence would require further evidence or cross-examination / not an opportunity to conduct case differently / HELD / complaints process provided multiple opportunities to produce evidence / all new evidence could have been provided to Committee with reasonable diligence / recordings of post-conduct conversations do not contain concessions as to liability & would not have important impact / generic information leaflet not material / better evidence available about auction conduct than letter from witness & would have no impact / application declined
  11. [2023] NZREADT 5 – KM v Real Estate Agents Authority (CAC 2102) (20 March 2023) [PDF, 205 KB]

    Appeal / complaint licensee concealed identity of bidder from appellant & conspired with the bidder to enable appellant’s husband to purchase property & disclosed the reserve price / Committee took no further action / Real Estate Agents Act 2008, s892c, s111, s134, s136 / Professional Rules 2012, r6.2, r6.4 / HELD / licensee disclosed the name of the purchaser, a purported corporate entity / not required to disclose persons behind an incorporated entity, or that the company did not exist, unless the licensee knew the entity did not exist / disclosure would also be required if the licensee knew the husband intended to be nominated as purchaser, or if the bidder directed the licensee not to disclose their identity / no evidence that further disclosure was required / licensee did not conspire with bidder and husband / no evidence licensee disclosed reserve price to the bidder / bidder had prior knowledge of price expectations / appeal dismissed / Committee’s decision confirmed
  12. [2023] NZREADT 2 - Wilson and Wilson v Registrar of the REAA (26 January 2023) [PDF, 222 KB]

    Application for review / Registrar’s determination not to pursue a complaint as it only disclosed inconsequential matter / applicant applied to review Registrar’s decision alleging Registrar had erred / Real Estate Agents Act 2008, s 74(3)(a), s 112 / Kacem v Bashir [2010] NZSC 112 / Lawrence v Registrar of the Real Estate Authority [2022] NZREADT 6 / Vosper v Real Estate Agents Authority [2017] NZHC 453 / BL v SFK [2013] NZIACDT 57 / HELD / Registrar’s decision has no error of law or principle, irrelevant considerations, failure to take into account relevant considerations, and is not plainly wrong / licensee had no duty to inform prospective purchaser of an offer by another prospective purchaser if not instructed by vendor to do so / no evidence that information about vendor’s medical appointments was false / licensee’s written communications do not portray any antagonism / application dismissed
  13. [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)
  14. [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
  15. [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
  16. [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
  17. [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
  18. [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
  19. [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
  20. [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
  21. [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
  22. [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
  23. [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
  24. [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
  25. [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