Tribunal finds cash-strapped agent forged signature

An Auckland real estate agent who forged a colleague’s signature to save her own house has been censured by the Real Estate Agents Disciplinary Tribunal.

The saga began in 2007 when Bernadette Makuini Marr sold her Parnell property to her son and another man.

For a reason that was not outlined in the documents, Marr was responsible for the mortgage payments and by 2012 she had fallen behind. The house was put up for mortgage sale by financier Linkloan Trustees.

Before the auction on July 17, 2013, Marr was put in contact with Barry Parkin, who agreed to help her. The plan was Parkin would pay the $25,000 deposit at the auction, giving Marr additional time to secure full funding to buy the home.

While the intention was that Marr’s three adult children would eventually be the purchasers, Parkin insisted on being named on any auction contract of sale as the specific nominee. Marr then asked a colleague, identified in the tribunal documents only as Ms Guttenbeil, to bid on her behalf.

Marr claimed she disclosed the fact Guttenbeil was bidding on her behalf, however the tribunal found she did not inform Linkloan, nor did the auctioneer declare it before bidding began.

The house failed to sell and, acting on instructions from Marr and Parkin, Guttenbeil signed a memorandum of contract to buy the property for $435,000.

Parkin paid the deposit as arranged but Marr was unable to arrange finance by settlement date. As pressure increased for Marr to complete the sale, the tribunal found she filled out, changed and destroyed some documents relating to the sale.

According to the decision, Marr forged Guttenbeil’s signature on at least one page of the contract. When found out, Marr was dismissed from Bayleys.

Last month, the tribunal found Marr’s conduct was disgraceful.

Since 2013, Marr and Parkin engaged in legal skirmishes relating to the ownership of the property. In 2016, the High Court found in favour of Parkin.