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Search results

949 items matching your search terms

  1. [2026] NZREADT 38 - BT v Bryant (7 August 2026) [PDF, 113 KB]

    Compensation referral / unsatisfactory conduct / Committee found licensee misinformed purchaser as to the age of the roof / Real Estate Agents Act 2008, s50, s93, s110 / Professional Rules 2012, r5.1, r6.4, r9.1, r9.5 / prospective expense of replacing roof closely connected to licensee’s unsatisfactory conduct / innocent breach should not be treated in the same way as conscious untruthfulness or dishonesty / careless not deceitful / compensation reduced by 25 per cent for licensee’s innocent misrepresentation / honest belief roof was newer based on information from vendor / licensee ordered to pay $17,159
  2. [2026] NZREADT 35 - UQ v REAA & Ors (27 July 2026) [PDF, 241 KB]

    Appeal / appellant has a brain injury / alleges licensees pressured her into buying a property with many problems / committee found no breach and decided to take no further action / Tribunal declined preliminary issue to accept late appeal / Real Estate Agents Act 2008, s111 / HELD / purchaser, notwithstanding brain injury, legally allowed to make her own decisions / complaint not supported by corroborative evidence, including from those who assisted her throughout the purchasing process / no disclosure by vendor or red flags to put licensee on notice of any defects / purchaser responsible for own due diligence / purchased property with intention of renovating / licensees exercised skill, diligence and care throughout transaction / committee correctly decided to take no further action against licensees / appeal dismissed / Committee’s decision confirmed
  3. [2026] NZREADT 30 – KG v REAA & Ors (16 June 2026) [PDF, 164 KB]

    Appeal / appellant alleged licensee failed to disclose water ingress issues, that downstairs living room and bedroom consented for rumpus room only, and that marketing of property was misleading about number of bedrooms and lounges / Committee undertook own initiative inquiry into adequacy of supervision of junior licensees / Committee found licensees guilty of unsatisfactory conduct, though subsequently recalled decision due to factual misunderstanding / Committee determined to take no further action / Real Estate Agents 2008, s892c, s111 / Professional Conduct and Client Care Rules 2012, r5.1, r6, r10.7 / HELD / no “red flags” to put licensees on notice of water ingress, or actual knowledge / any evidence downstairs bedroom not habitable not apparent until after settlement, and no actual knowledge at time of property sale / agency’s policies and procedures relating to supervision of licensees adequate / Committee’s decision confirmed / appeal dismissed  
  4. [2026] NZREADT 29 - HO v CAC 2403 & MH (28 May 2026) [PDF, 244 KB]

    Appeal / licensee advertised residential property as having carpark / appellant purchaser alleged licensee failed to exercise skill, care, competence and diligence by not identifying inconsistency between physical markers on property and boundaries shown in cross lease flats plan / Committee took no further action / Real Estate Agents Act 2008, s111 / Professional Rules 2012, r5.1, r6.4 / HELD / licensee must “know what they are selling”, though not expected to be solicitors, surveyors or building inspectors / no credible evidence of “red flags” to indicate carpark fell outside exclusive use area / any defect not reasonably apparent / licensee had previously sold property with no issues identified / no error of fact of law / Committee’s decision upheld / appeal dismissed
  5. [2026] NZREADT 28 - QM v REA (28 May 2026) [PDF, 225 KB]

    Application to review Registrar’s determination not to pursue complaint as it only disclosed inconsequential matters / Real Estate Agents Act 2008, s50, s51, s72, s73, s74, s112 / HELD / licensee’s property management was not real estate agency work and therefore could not be assessed as unsatisfactory conduct, only misconduct / misconduct requires conduct reasonably regarded by agents of good standing or reasonable members of the public as disgraceful / no credible evidence indicative of misconduct / licensee’s employment with the agency was separate from her property management work / no error of fact or law / application dismissed / Registrar’s decision confirmed
  7. [2026] NZREADT 25 – NC & DG v Coote & Miller (20 May 2026) [PDF, 331 KB]

    Compensation referral / unsatisfactory conduct / licensees failed to disclose building reports obtained by vendor identifying weathertightness risk from insufficient window flashings / Real Estate Agents Act 2008, s50, s93, s110 / Professional Rules 2012, r10.7 / compensation considered on legally principled basis / losses must flow from unsatisfactory conduct found by Committee / liable for cost of replacement windows (retrofitting flashings not feasible), waterproofing, restoration of adjacent walls / claim for replacement blinds not casually connected / no contributory negligence by not obtaining formal building report / claim for interest costs for remediation partly successful / 25 per cent reduction for non-intentional breach / 15 per cent reduction as failure was to disclose risk, rather than known leaks / compensation of $26,486 awarded for losses, apportioned 75 per cent to lead agent
  8. [2026] NZREADT 24 – TI v REAA (20 May 2026) [PDF, 230 KB]

    Application to review Registrar’s determination not to pursue complaint as it only disclosed inconsequential matters / Real Estate Agents Act 2008, s74, s112 / Kacem v Bashir [2010] NZSC 112 / HELD / licensee unaware of unconsented work / not liable for statement about property unless knowingly, recklessly or carelessly makes misstatement / not reckless or careless in advertising property as having rooms it physically had / no reason to question vendor’s representation there was no unconsented work / unconsented work not substandard and consistent with the era / no evidence of red flag or indicator alerting licensee of need for further enquiry / not required to inspect council records in these circumstances / no material error nor is Registrar’s decision plainly wrong / application dismissed / Registrar’s decision confirmed
  9. [2026] NZREADT 23 – KD v REAA & TS (14 May 2026) [PDF, 181 KB]

    Appeal / Committee chose not to pursue complaint as it only disclosed inconsequential matters / complainant purchaser alleged that licensee provided misleading or false information about National Building Specification (NBS) for property / Real Estate Agents Act 2008, s74 / licensee had obtained up-to-date information from council and provided it to appellant / information was explicit that building was not considered earthquake-prone / no evidence to suggest licensee was privy to further undisclosed information / Committee appropriately assessed licensee’s failure to identify that EGM minutes described likelihood NBS rating would drop was a technical failure that did not meet disciplinary threshold / minutes not available to be provided in any event / no error of fact or law / application dismissed / Committee’s decision confirmed
  10. [2026] NZREADT 22 - CC v CAC & Cheyne (7 May 2026) [PDF, 235 KB]

    Application for leave to adduce new evidence / Real Estate Agents Act 2008 s105, s111 / application opposed by agent / vendor sought to produce email and Sale and Purchase Agreement for more favourable offer / supports assertion agent’s error had material impact / HELD / evidence cogent and credible, but could have been provided to Committee with reasonable diligence / leeway afforded to elderly vendor, not legally represented / vendor raised other offer during complaint to Authority, who did not request evidence of offer / no express consideration of other offer by Committee / in interests of justice to admit evidence / application successful
  11. [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
  12. [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
  13. [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
  14. [2026] READT 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
  15. [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
  16. [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
  17. [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
  18. [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
  19. [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
  20. [2026] NZREADT 10 - EG v U Ltd (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
  21. [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
  25. [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)