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Home / Business / Personal Finance / Investment

Agent suspended over misconduct

APNZ
14 Feb, 2012 01:38 AM4 mins to read

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Margaret 'Marnie' Adams - known in Auckland real estate circles as 'Million-dollar Marnie' - was the agent involved in the sale of the property in Palmer Crescent, Mission Bay. Photo / Supplied

Margaret 'Marnie' Adams - known in Auckland real estate circles as 'Million-dollar Marnie' - was the agent involved in the sale of the property in Palmer Crescent, Mission Bay. Photo / Supplied

A multimillion-dollar-selling real estate agent has had her licence suspended and been ordered to pay $15,000 after pleading guilty to a charge of misconduct.

Margaret 'Marnie' Adams, 56, appeared before the Real Estate Agents Disciplinary Tribunal today and through her lawyer, admitted breaching regulations over the sale of a property in Auckland's Mission Bay.

The tribunal suspended her licence for six months starting a month from today and ordered her to pay a fine of $10,000 and costs of $5000.

The hearing involved "serious issues that need to be dealt with carefully'' and the tribunal would explain the reasons for its decision in a few weeks, Real Estate Agents Authority (REAA) chairman Judge Paul Barber said.

Adams appeared before the hearing, which started yesterday, to answer allegations she listed and sold the house without disclosing she had helped buy it.

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After an investigation by the REAA, Adams was charged with misconduct consisting of "wilful or reckless contravention'' of the laws governing the profession.

She initially faced two charges but one was withdrawn and Adams entered a plea of guilty to the second, Judge Barber confirmed.

In a statement following the hearing, Adams accepted her actions represented an error of judgement and she had "inadvertently breached sections of the REAA industry client code of conduct, for which I sincerely regret''.

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"My actions were conducted in good faith at all times, and in doing so helped realise the best outcome for both the vendor and the purchaser.

"I couldn't have built the career I have enjoyed without putting the interests of the vendor first at all times,'' she said.

She planned to return to the property industry following the suspension.

Adams was once the golden girl of Bayleys, making millions in commission and becoming its top seller.

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She left the company abruptly last March and weeks later started work with Sotheby's International.

Questions about her behaviour at Bayleys were raised in January last year after she sold a four-bedroom with a private pool home in Palmer Cres.

Adams was the listing and selling agent for the property, and was accused of planning to help buy and renovate it so it could be resold "for a quick profit''.

Bank records show she lent buyer Geoff Harriman $187,250 to ensure the $1.7m sale went through in September 2010.

They were subsequently listed as registered owners along with a trust, JMAR, of which Adams was a trustee.

Bayleys director Michael Bayley told yesterday's hearing that when called into a meeting in February last year, Adams initially denied any involvement but later in the meeting admitted she was, he said.

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On a standard form asking whether she had anything to declare about the sale, Adams had circled 'no', he said.

Bayleys terminated her contract and, as legally required, advised the agents authority of their concerns.

After an investigation, the authority's complaints assessment committee found her guilty of professional misconduct. Adams had denied the allegation.

The authority alleged Adams and Mr Harriman "discussed the property and renovation plans'' at the time of the auction.

Her lawyer, John Billington QC, disputed this, saying Adams did not get involved in the sale and didn't lend Mr Harriman the money until it had gone unconditional.

The property was renovated and sold by JMAR Trust a year ago for $2.1m.

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Mr Billington today provided evidence from Mr Harriman and vendor Miles Morton, who supported Adams.

His client acknowledged she was guilty of breaching her obligations, by not telling the owner she had lent money to Mr Harriman or asking for Morton's consent to do so - actions that were reckless not wilful, he said.

Her actions were a breach of the client care rules, not the real estate act, he said.

Adams has since been forced to sell her house, lived in rented accommodation and had suffered "huge personal distress and anxiety'', he said.

"She is paying a high price indeed for what was a mistake.''

Prosecutor Brent Stanaway described the breach as "serious'' and said evidence from Adams' banker showed her actions were planned.

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"It not just negligence, not just a lack of care, but a marked departure from acceptable standards.

"It is quite clear from an early outset the defendant knew what her responsibilities and obligations were and was quite reckless with those,'' he said.

The REAA welcomed Adams' guilty plea in relation to the charge of misconduct.

"This decision sends a clear message to the industry that they need to disclose any potential conflict of interest,'' said acting chief executive Dean Winter in a statement.

Any relationship between the buyer or seller and the licensee must be disclosed in a real estate transaction, he said.

The REAA works to give consumers confidence in real estate agency work, said the statement.

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