Agent fined by au­thor­ity

Sale con­tract al­ter­ation was ‘un­sat­is­fac­tory con­duct’

Central Otago Mirror - - WANAKA NEWS -

A for­mer Ash­bur­ton real es­tate agent, now work­ing in Wanaka, has been found guilty of un­sat­is­fac­tory con­duct af­ter al­ter­ing a sale and pur­chase agree­ment which led a buyer to be­lieve they could claim over $36,000 in GST from a sale. Mar­garet Tayler Wil­son was or­dered to pay $2500 to the Real Es­tate Agents Au­thor­ity af­ter the Com­plaints As­sess­ment Com­mit­tee found she breached the au­thor­ity’s code of con­duct. A com­plaint was made to the au­thor­ity in 2012 af­ter Mrs Wil­son, fol­low­ing the ex­e­cu­tion of an agree­ment for sale and pur­chase by the com­plainants, al­tered part of that agree­ment with­out con­sent and with­out no­ti­fy­ing them of that ac­tion. The in­ci­dent re­lated to the agree­ment say­ing the ven­dors were not GST reg­is­tered, and then Mrs Wil­son amend­ing it later to say that they were. It was be­lieved the sale took place in Ash­bur­ton while she was work­ing for First Na­tional. It was fur­ther al­leged that the li­censee’s prin­ci­pal al­lowed the change to the agree­ment to be made. Set­tle­ment of the sale and pur­chase took place on May 30, 2012. On the ba­sis that the ven­dor was not GST reg­is­tered the com­plainants could have, fol­low­ing set­tle­ment, claimed GST of $36,521.74. How­ever, the ver­sion of the agree­ment doc­u­ment, that the seller was GST reg­is­tered, meant the GST sum the com­plainants were hop­ing for would not be re­cov­er­able. A six page sub­mis­sion on be­half on Mrs Wil­son to the com­mit­tee said the is­sue ap­peared to be ‘‘of lit­tle im­por­tance’’ as the con­tract was GST in­clu­sive and the com­plainants were never en­ti­tled to claim the GST. It also said ‘‘there was sub­stan­tial con­trib­u­tory fault on the part of the com­plainants and their lawyer.’’ How­ever, it found the com­plainants should have been no­ti­fied. The de­ci­sion, made by the com­mit­tee on May 6 last year, was re­leased last week. An au­thor­ity mem­ber said the de­ci­sion made not been re­leased ear­lier be­cause of back­log of com­plaint de­ci­sions. Mrs Wil­son now works for Ray White Wanaka.

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