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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.
Charge laid under s 91 of the Real Estate Agents Act 2008. Misconduct found under s 73(a) (disgraceful conduct) of the Act. The Tribunal will receive submissions as to penalty.
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.
An appeal under section 111 of the Real Estate Agents Act 2008. Application for recall of decision. Outcome: decision recalled.
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.
An appeal under section 111 of the Real Estate Agents Act 2008. Appeal against decsion of Complaints Assessment Committee 2001 which made as finding of unsatisfactory conduct and penalty orders against Appellant. Outcome: appeal allowed in part. Committee's finding that Appellant breached rr 5.1, 6.1 and 9.6 in relations to signatures on the agency agreement and the agreement for sale and purchase quashed. Penalty decision that Appellant refund part of commission paid quashed. All other aspects of the Committee's substantive decision upheld.
An appeal under s 111 of the Real Estate Agents Act 2008. Appellants submit Tribunal should deal with charge of misconduct, rather than referring to the Committee for reconsideration. Outcome: Appeal declined.
Application for non-publication order of Second Respondents' names under s 108 of the Real Estate Agents Act 2008. Threshold to displace presumption of open justice high. Public interest in publication. Application declined.
Charges laid under s 72(a) and (b) Real Estate Agents Act 2008. Penalty decision. Agent found guilty of unsatisfactory conduct in relation to his conduct in marketing a property. Agent censured, fine $2,500 and pay appellants $1,666,93 as part-refund of commission.
An appeal under s 111 of the Real Estate Agents Act 2008. Appeal against decision of Complaints Assessment Committee 2001 on finding of unsatisfactory conduct and orders as to penalty. Outcome: appeal allowed in part. Respondents to reimburse Appellants for interest for late settlement, in equal shares. Appeal otherwise dismissed.
Charges laid under s 91 Real Estate Agents Act 2008. Penalty decision. Finding of misconduct under s 73(a) of the Act. Defendants censured and each fined $10, 000.
Charges laid under s 91 Real Estate Agents Act 2008. Penalty decision. Defendant found guilty of unsatisfactory conduct in relation to his conduct in marketing a property. Breach of rr 9.1 and 9.4 of Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012. Agent censured, fined $3,000 and ordered to complete Unit Standard 23136.
An appeal under s 111 of the Real Estate Agents Act 2008. Appeal against substantive and penalty decisions of the Complaints Assessment Committee 1907. Unsatisfactory conduct. Outcome: appeal dismissed.
Charge laid under s 91 of the Real Estate Agents Act 2008. Breach of ss 134 and 135 of the Act. Breach of rr 5.1, 6.1 and 9.1 of the Rules. Finding of misconduct under s 73(b) of the Act. No penalty determined in this decision.
An appeal under section 111 of the Real Estate Agents Act 2008. Conduct in question did not meet the required standard established by the rules and that the appellant did engage in unsatisfactory conduct. Outcome: appeal dismissed.
An appeal under s 111 of the Real Estate Agents Act 2008. Appeal against Complaints Assessment Committee 1906 decision to take no further action on claim that Agent failed to act in his interests, had a conflict of interest, failed to advertise the property for sale, applied pressure to accept the purchaser's offer. Outcome: Appeal dismissed.
An appeal under s 111 of the Real Estate Agents Act 2008. Appeal against decision of Complaints Assessement Committee 1901 to take no further steps on complaint dismissed.
An appeal under s 111 of the Real Estate Agents Act 2008. Appeal against Complaints Assessment Committee 1903 decision to take no further action on claim that Agent engaged in misleading or other unsatisfactory conduct. Appeal dismissed.
Appeal pursuant to s 111 of the Real Estate Agents Act 2008 againt decision of Complaints Assessment Committee 1907 for penalty orders. Unsatisfactory conduct. Outcome: request for refund of commission dismissed. Order to pay fine of $1000 quashed and replaced with order for a fine of $2000. Request for order to pay compensation dismissed.
Appeal under s 111 of the Real Estate Agents Act 2008. Appellant's application to submit further evidence in support of appeals against three decisios of Complaints Assessment Committee 409. Outcome: leave given for emailed statement, leave declined in respect of cross-claim documents.
Appeal / fabrication of agency agreement / failure to follow appellants’ instructions as to marketing of property / Real Estate Agents Act 2008, s 111 / Held / breach of ss 126(1) and 132 of Act as to providing copy of agency agreement / breach of Professional Rules 2012 rr 9.7 and 10.6 / failing to recommend appellants’ seek legal advice / breach of rr 6.4 and 9.4 / misleading customers as to appellants’ price expectations of property / breach of r 9.1 / failure to act in accordance with appellants’ instructions to marketing of property / Agent engaged in unsatisfactory conduct pursuant to s 72(a) and (b) of Act
Charges laid under s 91 of the Real Estate Agents Act 2008. Finding of misconduct under s 73(a) of the Act. Defendant censured and licence suspended for 18 months from date of the decision.
Charges laid under s 91 of the Real Estate Agents Act 2008. Defendant found guilty of unsatisfactory conduct under s 72 of the Act. No penalty determined in this decision.
An appeal under section 111 of the Real Estate Agents Act 2008. Unsatisfactory conduct under s 89(2)(b) and s 73 of the Real Estate Agents Act 2008. Lack of information to make judgment that loss was suffered due to misrepresentation. Cross-appeal relating to costs order dismissed.
An appeal under s 111 of the Real Estate Agents Act 2008. Complaints regarding advertising the property incorrectly, concealment of unconsented works and only providing the purchaser with a "partial title without the drafts". Appeal dismissed.