The agent, who worked at LJ Hooker, has appealed the tribunal's decision.
The agent, who worked at LJ Hooker, has appealed the tribunal's decision.
A real estate agent, suspended for 18 months for her role in an alleged mortgage fraud attempt, has appealed against her conviction.
Tracy Taylor worked for LJ Hooker Ellerslie when she was involved in deals to buy, then on-sell, properties between members of a group of people associated with RamasubramanianNarayanaraja, the Real Estate Agents Disciplinary Tribunal found.
It found her guilty of misconduct, took her licence for 18 months, censured her and ordered she undergo further training.
"We consider that the licensee became involved in the transactions because she is commercially naive and did not think through the consequences of what she was doing," the tribunal said.
But a notice of appeal to the High Court at Auckland via counsel Paul Chambers says the tribunal made mistakes, including referring to three transactions where Taylor received $10,000 commission.
The appeal said she received no commission from the properties at the centre of the tribunal's case, except for $3500 before tax and GST, the majority of which went to her employer, L J Hooker.
one roof
For more property news and listings go to oneroof.co.nz
Yet, that company faced no investigation or charges, the appeal said.
The tribunal also referred to more than one agreement submitted to Westpac but her appeal said there was only one agreement submitted to Westpac.
Taylor's appeal said the tribunal erred in fact and law. Its penalty was wrong. The appeal also challenged the tribunal finding one of the transactions "questionable" but it said that was not the propoer basis for any determination against an agent's liability under the act.
Further, Taylor's obligations to inform the vendor of an offer were all met in all three transactions. Nothing else was asked of her other than she prepare sale and purchase agreements, the appeal said.
