Tribunal finds real estate agent had trespassed

A real estate agent who trespassed on a woman’s property while trying to get her to list her house with him has been found to have engaged in unsatisfactory conduct.

Margaret Thomson appealed to the Real Estate Disciplinary Tribunal after the Real Estate Authority’s complaints assessment committee decided not to take further action on her claims against Cedric Foote.

Foote worked for Tall Poppy Real Estate in Cambridge but has since left.

Thomson said the incident happened when she had emptied the main part of her house of furniture to have some work done to it, and was working in the sleepout at the back of the property. Her furniture was in a removal van.

Thomson said she was not aware of anyone else at the house until she saw a shadow moving around the back. She went to the sleepout door and saw ‘‘a leg disappearing into the laundry’’.

When she called out, Foote appeared and walked towards her. He said he had seen the moving van and assumed she was ready to sell. He gave her a card with his agency’s name on it. Thomson said she told him she had no intention of selling.

Foote rejected the complaint and said Thomson had exaggerated the incident, or was ‘‘mistaken or confused as to what really happened’’.

The complaints assessment committee said the complaint was not proved because there was no evidence he had trespassed.

But Thomson argued that the committee was wrong. She said he had trespassed when he went beyond the front and side doors, when it was obvious the house was locked and empty.

The tribunal agreed he had trespassed. It will accept submissions from each party before determining an appropriate penalty.