The New Zealand Herald

Property deals cost realty agent his job

Ex-employee faulted over $2.5m transactio­ns, vendors refunded

- Lane Nichols

Auckland’s biggest realty firm has dismissed an agent and refunded two vendors’ commission­s after an employee was found guilty of misconduct for “fundamenta­l” breaches of his profession­al obligation­s.

Former Barfoot & Thompson Papatoetoe agent Deepak Goyal is now awaiting penalty and looking for a new job following a finding by the Real Estate Agents Disciplina­ry Tribunal in connection with his 2015 purchase of neighbouri­ng Pakuranga homes.

Goyal sold the Grassways Ave properties to developer Manjit Grewal in late 2014 for a combined total of $2.508 million, receiving commission on both transactio­ns.

He later transferre­d nearly $200,000 to Grewal’s bank account, which investigat­ors argued was to cover the deposits, before buying both properties himself through a nominee company, VAD Properties Ltd.

At a tribunal hearing in August, prosecutor­s argued Goyal’s actions constitute­d a serious conflict of interest and brought the industry into disrepute. The developer was a “front” for Goyal to purchase the developmen­t site, they argued, while sidesteppi­ng his profession­al obligation­s to both vendor clients.

Goyal had failed to disclose his financial interest or gain the required written consents. By earning commission on both sales he effectivel­y bought the properties for a discount, prosecutor­s said. He ultimately developed the adjacent properties into an

eight-lot subdivisio­n and named its access way Goyal Lane.

During the hearing, Goyal argued he did not originally intend to buy the properties, and only lent Grewal money because the developer had over-extended himself. Goyal said it was common in Indian culture to lend large amounts to acquaintan­ces without formal documentat­ion of the loans or agreed repayment plans.

He had only decided to buy the properties when it became obvious Grewal could not complete the transactio­ns. He had not understood his disclosure obligation­s, arguing the two purchases had essentiall­y been private transactio­ns between him and Grewal after the original sales had gone unconditio­nal.

Goyal’s lawyer, Tim Rea, said his client accepted he fell short of his profession­al obligation­s but blamed inexperien­ce.

Rea further argued the vendors were not financiall­y disadvanta­ged by Goyal’s actions, and his client was only guilty of unsatisfac­tory conduct.

However, prosecutor Michael Hodge said Goyal wilfully or recklessly breached his obligation­s by concealing his involvemen­t in the purchases from his commission­paying clients.

“He submitted that Mr Goyal did nothing whatsoever to bring his purchase of the properties to the vendors’ attention, or to identify and explain his conflicted position,” the tribunal decision says.

“He submitted that Mr Goyal was aware of, at least, the risk of a conflict of interest arising out of his loans to Mr Grewal, and his concern as to Mr Grewal’s inability to settle, but as he wanted to protect his investment, he went ahead anyway.”

The tribunal ruled Goyal downplayed his financial interest and involvemen­t in the properties and breached consumer protection rules in the Real Estate Agents Act.

“Mr Goyal’s evidence of ‘ inexperien­ce’ is considerab­ly diminished by his evidence as to the number of his sales, and his significan­t success over a fairly short period of time,” the decision said. While Goyal’s actions were not considered deliberate, his failures “can only be described as seriously incompeten­t or seriously negligent real estate agency work”.

Goyal is now awaiting a tribunal penalty order, but his firm has already taken action.

Barfoot managing director Peter Thompson told the Herald the firm’s original clients were immediatel­y refunded their commission as soon as the company learned what had happened.

“The company decided to terminate Deepak’s contract for services after reading the decision by REAA.”

The Herald has approached Goyal for comment.

 ??  ?? Deepak Goyal claimed the issues were down to inexperien­ce.
Deepak Goyal claimed the issues were down to inexperien­ce.

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