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Search results

963 items matching your search terms

  1. [2026] NZREADT 49 - XU v REAA (7 October 2026) [PDF, 144 KB]

    Application for review / Registrar’s determination not to pursue complaint as it was not sufficiently serious to warrant further action / applicant applied to review Registrar’s decision / Real Estate Agents Act 2008, s 74(3)(a), s 112 / HELD / notwithstanding Registrar’s erroneous factual findings, decision not to pursue complaint correct / transaction almost 10 years ago / complaint revolves around two or more conversations, real risk of unfairness in asking licensee to recall conversations so long ago / no evidence or admission as to misrepresentation by licensee, but inference based on settlement in civil proceedings in favour of purchaser / vendor’s possibly incorrect information given to licensees and status as licensed person material factors / vendor bears some responsibility for her own predicament / no public interest justification favouring pursuit of complaint as licensee no longer licensed and resides overseas / application dismissed
  2. [2026] NZREADT 48 - CAC 2405 v Kaur (29 September 2026) [PDF, 178 KB]

    Misconduct / salesperson facilitated acquisition of property by company controlled by spouse while acting in transaction for vendor / failure to disclose conflict of interest and related-party interest in property acquisition / Real Estate Agents Act 2008, s73c, s134, s135, s137 / Professional Rules 2012, r6.1, r6.2, r6.3, r6.4 / HELD / defendant and spouse held beneficial interest in purchasing company / defendant knowingly failed to comply with REA Form 2 requirements and valuation obligations / failure to disclose relationship with purchaser's director deprived vendor of opportunity to make informed decisions about transaction / conduct constituted wilful contravention of s134 and s135 / defendant placed purchaser's interests ahead of vendor's interests by facilitating building inspection, supporting purchaser's efforts to obtain price reduction, and providing evidence adverse to vendor in subsequent dispute proceedings / breach of fiduciary obligations owed to vendor client / misconduct under s73c established / Charge 1 and Charge 3 proved / penalty decision to follow
  3. [2026] NZREADT 46 – MY v Malloy (11 September 2026) [PDF, 247 KB]

    Compensation referral / unsatisfactory conduct / Committee found licensee liable for misleading marketing that conveyed property had a third car park / Real Estate Agents Act 2008, s93, s110 / Professional Rules 2012, r5.1, r6.4, r10.7 / HELD / causation established for diminution in value for loss of third carpark / retrospective market valuation accepted, unqualified valuation evidence rejected / garden reinstatement costs recoverable as direct consequence of non-compliant car park / valuation report costs recoverable / no award for loss of marketability / no contributory negligence given assurances to purchaser, and that licensee did not request further information on rules from Body Corporate / compensation reduced by 25% to reflect innocent misrepresentation / no costs awarded / compensation of $23,851.92 awarded
  4. [2026] NZREADT 45 – CAC v Edwards (8 September 2026) [PDF, 288 KB]

    Penalty / misconduct / licensee failed to explain risk of weathertightness of cladding / Real Estate Agents Act 2008, s3, s110 / Professional Rules 2012, r5.1, r6.4, r10.7 / licensee censured, to provide apology, and fined $8,000 / compensation / loss on re-sale closely connected, but reduced by 25% for disclosure of weathertightness issue on re-sale and short timeframe between purchase and re-sale / expenses relating to property, weathertightness report, alternative accommodation, and expenses relating to resale, allowed but only when supported by evidence / general damages for emotional harm not allowed / discretionary reduction for contributory negligence (15%) and non-disclosure of risk of chance rather than actual weathertightness (15%) / compensation of $34,192.42 and costs of $13,228.60 awarded
  5. [2026] NZREADT 44 - KC v Pinkerton & Mischefski (7 September 2026) [PDF, 119 KB]

    Compensation referral / unsatisfactory conduct / licensees found liable for misleading advertisement / clear ‘red flag’ in LIM report that office-rumpus not habitable as third bedroom / should have been apparent to reasonably competent licensee that further investigation required / Real Estate Agents Act 2008, s50, s93, s110 / Professional Rules 2012, r5.1, r6.4 / HELD / loss of value measured at point of purchase / market value of two-bedroom dwelling at time of purchase higher than price paid / no actual loss suffered / no award for emotional distress can be made in absence of primary or actual loss / no award for invalid expert’s report / Tribunal does not follow civil court principle of ‘costs follow the event’ and directs submissions on costs / compensation referral dismissed
  6. [2026] NZREADT 43 - OD v REAA (2nd September 2026) [PDF, 202 KB]

    Application for review / Registrar’s determination not to pursue a supplementary complaint as it was not sufficiently serious to warrant further action / applicant applied to review Registrar’s decision / application for non-party discovery / Real Estate Agents Act 2008, s 74(3)(a), s 112 / HELD / Registrar not required to conduct investigation on a complaint and has no power to require non-parties to produce documents / incumbent on complainant to put before Registrar sufficient and credible evidence to support allegations to justify referral to a Committee / insufficient evidence to support applicant’s suspicion licensees played role in prompting an IRD audit in an act of retaliation / not the role of the Tribunal on an application for review to obtain evidence that may support a complaint / application for non-party discovery dismissed
  7. [2026] NZREADT 42 – Dickson v REAA (1 September 2026) [PDF, 292 KB]

    Application to review Registrar’s determination / Registrar declined licensee application for an exemption to complete required continuing education course / Real Estate Agents Act 2008, s112 / Real Estate Agents (Continuing Professional Development Rules) Notice 2018, r13 / New Zealand Bill of Rights Act 1990, s13, s14 / HELD / licensee sincerely held perception that course content conflicts with personal values / exceptional circumstances established, but it did not prevent licensee completing course / criteria for an exemption not met / no breach of BORA / although course attendance mandatory, licensee not forced to learn or believe anything, or to subsequently act in any particular way / no error of fact or law / application dismissed / Registrar’s decision confirmed.
  8. [2026] NZREADT 41 - Complaints Assessment Committee 2304 v Brown (26 August 2026) [PDF, 531 KB]

    Penalty / unsatisfactory conduct / commercial property marketed with incorrect boundary and overstated carparking area / Tribunal previously found licensee breached rr 5.1 and 6.4 by failing to disclose boundary discrepancies and material information affecting use of carparks / Real Estate Agents Act 2008, s72, s110, s110A / Professional Conduct and Client Care Rules 2012, r5.1, r6.4 / HELD / conduct at upper end of unsatisfactory conduct / licensee aware of risk boundary depiction was incorrect but failed to investigate or correct marketing material / censure, training and apology warranted / fine of $7,500 imposed / compensation determined according to losses closely connected to unsatisfactory conduct / purchaser entitled to recover surveying, valuation and expert costs incurred investigating boundary issue / legal costs relating to dispute with vendor insufficiently connected and declined / claim for diminution in value and lost carpark leasing potential not proven on evidence / purchaser awarded compensation of $15,344.19 / costs of $11,700 awarded, reduced from usual starting point to reflect failure to prove misconduct charges
  9. [2026] NZREADT 40 – Complaints Assessment Committee 2302 v One Up Realty Ltd (14 August 2026) [PDF, 153 KB]

    Liability and penalty / misconduct / agency operated trust account for more than six years without appointing an auditor and failed to comply with trust account audit requirements despite repeated reminders from REA / Real Estate Agents Act 2008, s73c, s110, s125 / Real Estate Agents Audit Regulations 2009, reg9, reg12, reg15, reg16 / HELD / agency admitted misconduct arising from reckless contraventions of the Act and Audit Regulations / trust account received funds in 275 transactions between 2017 and 2023 while no auditor was appointed / failures included not appointing an auditor, not notifying REA of auditor appointment, not providing monthly reconciliations and statements, and not obtaining required audits / compliance with trust account regime fundamental to consumer protection and public confidence in the profession / prolonged offending over six years more serious than comparable cases / mitigating factors included early admission of liability and cooperation with Authority / agency censured / company officer ordered to complete trust account training / agency fined $18,000
  10. [2026] NZREADT 39 - Street v REAA (13 August 2026) [PDF, 297 KB]

    Appeal / residential property with direct-fixed monolithic cladding / purchasers alleged inadequate disclosure of weathertightness risks / Committee found licensee guilty of unsatisfactory conduct for inadequate disclosure / Real Estate Agents Act 2008, s89, s93, s111 / Professional Conduct and Client Care Rules 2012, r6.4, r10.7 / HELD / licensee’s knowledge of monolithic cladding engaged disclosure obligations / licensee required to ensure purchasers were informed of significant potential weathertightness risks and able to seek expert advice / forwarding moisture report without explanation or guidance insufficient / reasonably competent licensee should have highlighted relevant risks, explained implications of direct-fixed cladding and recommended a building inspection / Committee entitled to rely on contemporaneous and circumstantial evidence despite dispute as to conversations between parties / finding of unsatisfactory conduct upheld / compensation referral under s93(1)(ha) improper as provision not in force at time of relevant conduct and could not be applied retrospectively / compensation referral dismissed
  11. [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
  12. [2026] NZREADT 37 - HT v REAA & Ors (6 August 2026) [PDF, 214 KB]

    Appeal / purchaser of residential property later discovered third bedroom consented as sunroom and not third bedroom as advertised / misleading marketing / Committee found licensee ought to have been on notice upon viewing property that further enquiry required / Real Estate Agents 2008, s111 / Professional Conduct and Client Care Rules 2012, rr 5.1, 6.2, 6.4 / HELD / licensee still bound by misleading information even if they did not expressly repeat or pass it on / however, no red flag to prompt a reasonably competent licensee to question status of the third bedroom / first LIM unlike 2024 LIM obtained later did not have a plan showing two bedrooms and a sunroom / valuer had accepted third bedroom without question / enquiry into status of third room prompted not by later agent’s inspection but 2024 LIM / no unsatisfactory conduct / Committee’s decision reversed / appeal allowed.
  13. [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
  14. [2026] NZREADT 33 - NI & Ors v Mathis & Ors (3 July 2026) [PDF, 246 KB]

    Compensation referral / unsatisfactory conduct / licensees found liable for unsatisfactory conduct in failing to disclose risk of asbestos and the inability to use the driveway to access rear of property (without neighbours’ permission), misleading advertisement and failure to provide supervision / Real Estate Agents Act 2008, s50, s110/ Professional Rules 2012, r5, r6, r10 / Fair Trading Act 1986, s43 / HELD / principles developed for award of loss or damage under FTA relevant to discretion to award compensation / broad and pragmatic approach taken to determine causal connection between losses claimed and contravening conduct / purchase of caravan, and health, personal circumstances and loss of enjoyment of property not closely connected to licensees’ unsatisfactory conduct / no evidence as to loss of value of the property / price paid for driveway over which purchasers have no legal right unclear / claim for compensation dismissed
  15. [2026] NZREADT 32 - QU & Ors v Collins (26 June 2026) [PDF, 235 KB]

    Compensation referral / unsatisfactory conduct / non‑disclosure of prior cancelled sale due to absence of CCC for original dwelling / purchasers bought property unaware of issue and later incurred costs obtaining CCC / Committee found two licensees and agency liable for unsatisfactory conduct for failure to disclose prior cancellation, but no deliberate concealment / purchasers claimed $34,853.18 including council fees, remedial work and stress / Real Estate Agents Act 2008, s93, s110 / Professional Rules 2012 r5.1, r6.2, r6.4 / HELD / compensable loss must flow from nondisclosure rather than other underlying defects / only $210 inspection cost sufficiently connected / other claims not proven or lacked causal link; stress not recoverable absent diagnosable injury recognised as loss in its own right / respondents jointly and severally liable for $210.
  16. [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  
  17. [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
  18. [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
  19. [2026] NZREADT 27 - QQ v REAA (25 May 2026) [PDF, 207 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 / neighbour interested in acquiring vendor’s property around same time licensee approached vendor for off-market inquiry / no evidence supporting complaint that licensee conspired with neighbour to lower vendor’s price expectations / no evidence inquiry not genuine / no material error nor is Registrar’s decision plainly wrong / application dismissed / Registrar’s decision confirmed
  21. [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
  22. [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
  23. [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
  24. [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
  25. [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