Real estate agent escapes misconduct charge

A real estate agent held several open homes in a former Headhunters gang house. Photo / File

A real estate agent who held several open homes in a former Headhunters gang house so contaminated with meth that one visitor suffered dizziness and a clogged mouth has escaped a charge of misconduct.

Real estate agent Gary Murphy and the agency he worked for, Property Link Groups Ltd, were each charged with misconduct over the sale of the Auckland house.

In its written decision, the Real Estate Agents Disciplinary Tribunal said Mr Murphy conducted his first open home at the Pukekohe property in September 2013.

It said Mr Murphy was aware that many years earlier, the deceased owner of the property was a known Headhunters gang member.

As a result of feedback from those who viewed the property during this open home, Mr Murphy decided to have the property tested for methamphetamine contamination.

Initial testing was carried out in October 2013, and the woman who carried out the testing said she experienced dizziness while inside the house, and her mouth felt clogged.

The tribunal said despite not knowing the results of the test, and despite the fact the previous owner was believed to be involved in the manufacture of methamphetamine, a second open home was held.

After the open home, attendees were reported to have said they thought the property could have been a "drug house".

Following the open home, Mr Murphy was told the property had given an indication of a positive test result, and further testing would be required.

The second person to test the house for methamphetamine told another agent, who gave him access to the property, that it was clear to him the property was contaminated because of the smell, which he noticed straight away.

A third open home at the property was then held.

Test results supplied to Mr Murphy after the third open home showed the building tested positive for methamphetamine, and some of the results were at levels significantly in excess of the Ministry of Health guidelines.

A final open home was then held by another agent, prior to the auction of the property on the day, which was held off-site.

Mr Murphy told the tribunal that he saw no signs of drug use at the property, and never detected anything that would make him suspicious that there may have been a drug issue.

He said during the second and third open homes, he advised all potential buyers that a drug test had been undertaken, but results were not yet available.

Mr Murphy told the tribunal he was not aware there was an issue with drugs, or the extent of the issue, until he received the results from the second report -- at which stage he provided anyone interested in the property with a drug report.

The tribunal said that Mr Murphy held an open home at the property at a time when "he knew that the test results for methamphetamine consumption were likely to be positive".

However, it said it believed Mr Murphy was a credible witness.

"Our finding is simply that until the final analysis drug report was available the day before the auction, the conduct of the two defendants as covered above could not be regarded as disgraceful."

The tribunal dismissed initial charges against Mr Murphy and Property Link Groups Ltd, and instead entered a finding of unsatisfactory conduct.

Penalties would be subject to a further hearing.