The managing director of a major Hawke’s Bay real estate agency has been censured and fined.
The complaints committee of the Real Estate Agents Authority has found Simon Tremain of Tremains Real Estate guilty of unsatisfactory conduct for not disclosing he was a joint owner of a bach he was selling and not telling the buyer it leaked.
He was fined $750, the maximum penalty that could be levied at the time of the sale in 2009.
The bach, which had been owned by the Tremain family for around 20 years, was advertised as spacious and open plan, opening onto two decks and with a self contained studio.
The buyer, who is not named in the decision, said she was told the studio did not have a permit but could be rented out.
She later found out from the local council that the studio was classed as a garage, rumpus room and store room and could not be used for accommodation except for family members. Decking around the bach was also not permitted.
She also found the bottom area of the studio leaked badly and that water flowed through it.
She said she did not get anyone else to look over the property before purchase as they believed they were being sold the property through a reputable agent and expected any defects to be disclosed.
The committee said that it was not enough for the agent to simply tell them that part of the property became very damp over winter.
Tremain’s performance fell short of the standard that a reasonable member of the public was entitled to expect from a reasonably competent licensee.