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Search results

964 items matching your search terms

  1. [2026] NZREADT 21 - CAC v Brown (7 May 2026) [PDF, 492 KB]

    Liability / alleged boundary misrepresentation in commercial sale / Real Estate Agents Act 2008, s72b, s72c, s73b, s73c / Professional Rules 2012, r5.1, r6.4 / HELD / salesperson marketed commercial unit showing approximate boundary and “25 carparks” / encroachment later identified in inspection / part of carpark on council reserve land and larger part on Crown land / licensee found to be aware of potential discrepancy in known versus apparent boundary but did not amend marketing or disclose to purchaser / inquiries would have revealed true boundary / licensee’s conduct deemed to be misleading and amounting to a failure to exercise care and diligence / no wilful or reckless breach / both alternative charges of negligence established to a high degree / conduct short of serious negligence / unsatisfactory conduct found / penalty to follow
  2. [2026] NZREADT 20 – KQ v McDonald (30 April 2026) [PDF, 197 KB]

    Compensation referral / unsatisfactory conduct / Committee found licensee failed to disclose house had a risk of both methamphetamine contamination and a weathertightness issue / purchaser subsequently discovered it suffered from both, leading to remediation costs / Real Estate Agents Act 2008, s50, s93, s110 / Professional Rules 2012, r10.7 / compensation to be considered on legally principled basis / losses must flow from unsatisfactory conduct and substantive matters found by Committee / purchaser entitled to remediate methamphetamine contamination to below the acceptable levels stipulated in NZ Standard / claimed weathertightness losses not casually established, involved high level of contributory negligence / claimed legal costs not sufficiently connected / $24,707.75 in losses attributable to licensee’s unsatisfactory conduct reduced to $14,825, accounting for licensee’s innocent representation, purchaser’s contributory negligence, and nature of risk rather than known defect
  3. [2026] NZREADT 19 – EK v REAA (24 April 2026) [PDF, 108 KB]

    Application to review Registrar’s determination not to pursue complaint as it only disclosed inconsequential matters / vendor complainant alleged that licensees misled her as to number of enquiries by purchasers, lowered selling price without authorisation, disclosed price expectations and other personal information to potential purchasers, and provided poor customer service / Real Estate Agents Act 2008, s74 / evidence did not support applicant’s allegations / no evidence of misleading conduct nor poor service or communication / totality of evidence indicated licensees responded appropriately and professionally to complainant’s queries and contentions / no error of fact or law / application dismissed / Registrar’s decision confirmed
  4. [2026] NZREADT 18 - DM & KD v Voon & Rhodes (13 April 2026). [PDF, 199 KB]

    Compensation referral / unsatisfactory conduct / Committee found licensee failed to disclose house had plaster cladding, and her overall disclosure concerning leaks in property had unjustifiably downplayed and misrepresented their potential seriousness / Committee further found licensee’s supervisor failed to adequately supervise and manage licensee / Real Estate Agents Act 2008, s50, s93, s110 / Professional Rules 2012, r5.1, r6.1, r6.4, r10.7 / purchasers’ loss of rent (over 57 weeks), invasive property inspection fee, and costs for temporary repairs were casually and closely connected to licensees’ conduct / losses exceeded Tribunal’s jurisdiction of up to $100,000 / compensation reduced by 25 per cent for licensee’s innocent misrepresentation, by 15 per cent for purchasers’ contributory negligence, and by 25 per cent to reflect non-disclosure of risk rather than known defect /  licensees ordered to pay $35,000 / licensees’ liability joint and several, split equally between themselves
  5. [2026] NZREADT 17 – CAC 2204 v Beale (9 April 2026) [PDF, 258 KB]

    Liability / misconduct / licensee charged with misconduct under s 73b for failing to explain risk of weathertightness issues associated with property’s cladding to purchasers / licensee accepted alternative charge of unsatisfactory conduct but submitted conduct did not warrant finding of misconduct / Real Estate Agents Act 2008, s3, s72, s73 / Professional Rules 2012, r5.1, r6.4, r10.7 / HELD / licensee obliged to disclose known defects or potential risk of defects / whether licensee should have recognised a potential risk will depend on specific circumstances surrounding transaction / licensee knew complaints wanted to purchase warm and dry property due to elderly purchaser’s health issues / complainants communicated they did not want to maintain property / licensee recommended building inspection clause but did not explain basis for suggestion / finding of misconduct for seriously incompetent or seriously negligent real / penalty decision to follow
  6. [2026] NZREADT 16 – TU v REAA (7 April 2026) [PDF, 154 KB]

    Application to review Registrar’s determination not to pursue complaint as it only disclosed inconsequential matter / purchaser of vacant residential section later discovered fence encroaching onto property / alleged licensees should have warned him to obtain a boundary survey / Real Estate Agents Act 2008, s74, s112 / Professional Conduct and Client Care Rules 2012, r5.1, r6.4, r10.7 / HELD / licensees do not have duty to identify and point out property boundaries, except where there is apparent cause for concern / licensee must be proactive when asked or the licensee might reasonably be expected to do so / no ‘red flag’ in these circumstances / presence of fence and storm tank did not suggest encroachment / Registrar correct in determining there was insufficient evidence the licensees knew or should have known of potential boundary issue / application dismissed / Registrar’s decision confirmed
  7. [2026] NZREADT 15 - L Ltd v REAA (26 March 2026) [PDF, 231 KB]

    Application to review Registrar’s determination not to pursue complaint / Registrar considered complaint disclosed only an inconsequential matter and need not be pursued / Registrar found it outlined same factual circumstances and issues raised in first complaint alleging licensees had improper authority to sell properties / Real Estate Agents Act 2008, s74, s112 / HELD / no evidence to suggest that licensees were in breach of their obligations under the Act and Rules / Tribunal agreed applicant seeks to relitigate complaint / relitigation of the same issues would be “fundamentally inconsistent” with statutory framework and purpose / Registrar’s decision confirmed / application for review dismissed
  8. [2026] NZREADT 14 – Sutherland v REAA & NX (24 March 2026) [PDF, 149 KB]

    Appeal / property sold ‘as is where is’, buyers advised to seek advice from builder on piles / licensee failed to disclose report as to extent of problem with piles and condition of subsoil / Committee found licensee engaged in mid-to-high level unsatisfactory conduct for withholding information that should have in fairness been provided and for failing to exercise skill, care, competence and diligence / ordered censure, $6,500 fine and compensation referral / licensee appealed against assessment of conduct and fine / Real Estate Agents 2008, s89, s111 / Professional Conduct and Client Care Rules 2012, r5.1, r6.4 / HELD / licensee failed to disclose geotechnical report containing very material and specific information and recommendation / Committee’s assessment of gravity of conduct overlooked ‘as is where is’ nature of sale, with specific recommendation to have piles examined by builder / unsatisfactory conduct properly assessed as moderate, not mid-to-high / fine reduced to $5,000
  9. [2026] NZREADT 012 - TS & KX v Barakat (20 March 2026) [PDF, 101 KB]

    Compensation referral / unsatisfactory conduct / licensee found liable for unsatisfactory conduct by incorrectly assuring purchasers electrical switchboard was compliant / Real Estate Agents Act 2008, s72a, s93, s110 / Professional Rules 2012, r5.1, r6.4 / Fair Trading Act 1986, s43 / HELD / broad and pragmatic approach taken to determine causal connection between losses claimed and contravening conduct / licensee agreed to pay for electrical work / purchasers’ claim for emotional damages dismissed due to lack of supporting evidence / licensee ordered to pay $3,678.72 for electrical work
  10. [2026] NZREADT 10 - EG v Unka (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
  11. [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
  15. [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)
  16. [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
  17. [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.
  18. [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
  19. [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.
  20. [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
  21. [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
  22. [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
  23. [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
  24. [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 / Registrar’s decision confirmed
  25. [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