Bay of Plenty Times

Estate agent censured and fined after owner told purchase doesn’t comply

- Anne Gibson

A real estate agent has been censured and fined $1000 for comments he made about what a property could be used for, but the decision against him is being appealed.

Three people went to the Real Estate Authority, which formed a complaints assessment committee that found against the agent.

They complained about what they said Ben Nottingham told them about the use of a property.

The authority’s public register shows Nottingham is an agent in Tauranga and registered until January, 2025.

One of the complainan­ts told the authority he intended to operate his auto dismantlin­g/vehicle parts business from the property Nottingham sold but, after moving there, the local authority said his business could not be run there.

Use and developmen­t of the property were non-complying activities, the complainan­t was told.

The complainan­ts said they were made to understand by Nottingham that the property could be used for industrial purposes.

Nottingham knew how they intended to use the property but failed to tell them about the restrictio­ns, they complained.

The committee found Nottingham had breached rules because he did not go far enough to explain to the complainan­ts that expert advice was required. That expert advice was needed so the complainan­ts could ascertain if their proposed use of the property was possible, the ruling said.

In his defence, Nottingham said he was aware of the restrictio­ns on the developmen­t of properties within the business park.

Nottingham had no prior disciplina­ry history.

His lawyer said he did not make positive representa­tions about the property that were misleading, and there was no attempt to deliberate­ly conceal the industrial restrictio­ns.

The committee was also told Nottingham’s conduct was is in the low range of unsatisfac­tory conduct and an appropriat­e penalty would be a censure alone.

One property did have industrial zoning but full developmen­t was not permitted until 50 per cent of the titles in the first stage of the business park had been sold, the committee was told.

Nottingham said he’d previously sold land that was in the fourth stage of the business park and had researched the business park and the designatio­n of the land as part of that listing.

A delayed settlement term on that sale reflected the fact developmen­t could not occur for at least two years, he said.

When he was marketing the property, the business park developer contacted Nottingham and also confirmed to him the restrictio­ns on developmen­t, the decision said.

The committee was therefore satisfied Nottingham was aware of the industrial restrictio­ns when he marketed the property for sale. The decision was under appeal.

The committee’s chairman was Paul Biddington, the deputy chairwoman was Natalie Small and Fale Lesa served as a panel member.

 ?? PHOTO / 123RF ?? Complaints were made against the agent and an unsatisfac­tory conduct ruling was made.
PHOTO / 123RF Complaints were made against the agent and an unsatisfac­tory conduct ruling was made.

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