Complaint about real estate agent upheld

A Waimate real estate agent has been reprimanded and ordered to write letters of apology after trying to claim a commission to which he was not entitled.

David Owen, a real estate agent with Southern Wide Real Estate and a former mayor of Waimate, maintained he should be paid a commission because he introduced the buyers of a Makikihi section to an agent from another company.

The other agent, identified as Ms T, disagreed and complained to the Real Estate Agents' Authority.

The complaint was upheld by the authority's complaints assessment committee in a decision released this week.

Chairwoman Deirdre McNabb said the buyers, Mr and Mrs B, had looked at adjacent sections on the same day with two different agents, Mr Owen and Ms T.

Mr B said he and his wife and Mr Owen looked at one section and Mr Owen was told they were not interested in buying it.

Mr B went to the other section and was followed by Mr Owen, who tried to find out the name of the agent he was meeting and the appointment time. Mr B gave him an incorrect time for the appointment, in the hope Mr Owen would leave, "as he appeared to be hanging around".

Mr and Mrs B ended up buying the second section from Ms T.

Mr B said he was aware of the difficulties between competing agents to do with introductions and was adamant Mr Owen had not introduced him to the second section.

After the sale, Mr Owen wrote to Ms T claiming to have introduced the buyers to her and seeking a commission. Mr Owen told the committee he met Mr and Mrs B outside the section they eventually bought and showed them that section first.

After considering the submissions, the committee was satisfied Mr Owen could not properly claim he had introduced the buyers to the second section.

It found his conduct was unsatisfactory and fell short of the standard expected of a real estate agent.

It was "fortunate" no party was out of pocket as a result, the committee found. Nevertheless it considered it necessary there be a consequence for his conduct.

It reprimanded him and ordered him to write letters of apology to the buyers and Ms T.

 

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