Agent fined, suspended over quake house lies

The Real Estate Disputes Tribunal has censured a Christchurch real estate agent for lying and trying to sell properties not listed with her, fining her $6500 and suspending her licence for 90 days.

Sonia Tafilipepe, the former owner of three Mike Pero franchises, had charges brought against her by the Complaints Assessment Committees (CAC) under the Real Estate Agents Act, for misconduct and marketing properties without an agency agreement.

The charges were in relation to the sale of earthquakedamaged properties in September 2010 and February 2011.

The first charge related to an earthquake-damaged property, where Tafilipepe was found to have lied to the fiancee of the homeowner.

Tafilipepe was asked to visit a property in Christchurch, and brought with her a prospective buyer without consent. She also didn’t disclose the person was a prospective buyer, instead introducing him as an EQC specialist.

Tafilipepe provided the prospective buyer with a copy of a Scope of Works in breach of her obligations, which enabled the prospective buyer to obtain a general understanding of the property and to become aware of the homeowner’s price expectations.

By doing so she marketed the property without written authority through an agency agreement.

After the woman contacted the agency Tafilipepe lied to her, saying the prospective buyer was a new agent working with her. She also lied to Mike Pero Real Estate and said the person who went with her to the property was another salesperson.

The authority said her conduct brought the real estate industry into disrepute.

The second charge was brought after a complaint was made to the authority in 2016 that Tafilipepe had contacted a property owner directly and discussed the pricing of a property with a prospective buyer without an agency agreement in place.

She was found to have sent an email to people on a list of ‘‘as-is’’ earthquake-damaged of properties, giving details of eight including addresses, appraisals and vendor’s price expectations. She did not have agency agreements for any of them.

The tribunal found Tafilipepe was marketing properties in breach of the act, and that she knew she was likely to be in breach but carried on regardless. She was therefore guilty of misconduct.

In 2017 Tafilipepe was stripped of her Mike Pero franchises and subjected to a restraint of trade for four months. She was forbidden from selling houses within 25 kilometres of her former Belfast office.

After the events leading to the charges, Tafilipepe established a new agency, Dynamic Realty, with her partner, where she employed eight administrative and sales staff.

The previous restraint of trade was considered by the authority in its determination.