NZ Herald
  • Home
  • Latest news
  • Herald NOW
  • Video
  • New Zealand
  • Sport
  • World
  • Business
  • Entertainment
  • Podcasts
  • Quizzes
  • Opinion
  • Lifestyle
  • Travel
  • Viva
  • Weather

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
  • Herald NOW
  • On The Up
  • World
    • All World
    • Australia
    • Asia
    • UK
    • United States
    • Middle East
    • Europe
    • Pacific
  • Business
    • All Business
    • MarketsSharesCurrencyCommoditiesStock TakesCrypto
    • Markets with Madison
    • Media Insider
    • Business analysis
    • Personal financeKiwiSaverInterest ratesTaxInvestment
    • EconomyInflationGDPOfficial cash rateEmployment
    • Small business
    • Business reportsMood of the BoardroomProject AucklandSustainable business and financeCapital markets reportAgribusiness reportInfrastructure reportDynamic business
    • Deloitte Top 200 Awards
    • CompaniesAged CareAgribusinessAirlinesBanking and financeConstructionEnergyFreight and logisticsHealthcareManufacturingMedia and MarketingRetailTelecommunicationsTourism
  • Opinion
    • All Opinion
    • Analysis
    • Editorials
    • Business analysis
    • Premium opinion
    • Letters to the editor
  • Politics
  • Sport
    • All Sport
    • OlympicsParalympics
    • RugbySuper RugbyNPCAll BlacksBlack FernsRugby sevensSchool rugby
    • CricketBlack CapsWhite Ferns
    • Racing
    • NetballSilver Ferns
    • LeagueWarriorsNRL
    • FootballWellington PhoenixAuckland FCAll WhitesFootball FernsEnglish Premier League
    • GolfNZ Open
    • MotorsportFormula 1
    • Boxing
    • UFC
    • BasketballNBABreakersTall BlacksTall Ferns
    • Tennis
    • Cycling
    • Athletics
    • SailingAmerica's CupSailGP
    • Rowing
  • Lifestyle
    • All Lifestyle
    • Viva - Food, fashion & beauty
    • Society Insider
    • Royals
    • Sex & relationships
    • Food & drinkRecipesRecipe collectionsRestaurant reviewsRestaurant bookings
    • Health & wellbeing
    • Fashion & beauty
    • Pets & animals
    • The Selection - Shop the trendsShop fashionShop beautyShop entertainmentShop giftsShop home & living
    • Milford's Investing Place
  • Entertainment
    • All Entertainment
    • TV
    • MoviesMovie reviews
    • MusicMusic reviews
    • BooksBook reviews
    • Culture
    • ReviewsBook reviewsMovie reviewsMusic reviewsRestaurant reviews
  • Travel
    • All Travel
    • News
    • New ZealandNorthlandAucklandWellingtonCanterburyOtago / QueenstownNelson-TasmanBest NZ beaches
    • International travelAustraliaPacific IslandsEuropeUKUSAAfricaAsia
    • Rail holidays
    • Cruise holidays
    • Ski holidays
    • Luxury travel
    • Adventure travel
  • Kāhu Māori news
  • Environment
    • All Environment
    • Our Green Future
  • Talanoa Pacific news
  • Property
    • All Property
    • Property Insider
    • Interest rates tracker
    • Residential property listings
    • Commercial property listings
  • Health
  • Technology
    • All Technology
    • AI
    • Social media
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
    • Opinion
    • Audio & podcasts
  • Weather forecasts
    • All Weather forecasts
    • Kaitaia
    • Whangārei
    • Dargaville
    • Auckland
    • Thames
    • Tauranga
    • Hamilton
    • Whakatāne
    • Rotorua
    • Tokoroa
    • Te Kuiti
    • Taumaranui
    • Taupō
    • Gisborne
    • New Plymouth
    • Napier
    • Hastings
    • Dannevirke
    • Whanganui
    • Palmerston North
    • Levin
    • Paraparaumu
    • Masterton
    • Wellington
    • Motueka
    • Nelson
    • Blenheim
    • Westport
    • Reefton
    • Kaikōura
    • Greymouth
    • Hokitika
    • Christchurch
    • Ashburton
    • Timaru
    • Wānaka
    • Oamaru
    • Queenstown
    • Dunedin
    • Gore
    • Invercargill
  • Meet the journalists
  • Promotions & competitions
  • OneRoof property listings
  • Driven car news

Puzzles & Quizzes

  • Puzzles
    • All Puzzles
    • Sudoku
    • Code Cracker
    • Crosswords
    • Cryptic crossword
    • Wordsearch
  • Quizzes
    • All Quizzes
    • Morning quiz
    • Afternoon quiz
    • Sports quiz

Regions

  • Northland
    • All Northland
    • Far North
    • Kaitaia
    • Kerikeri
    • Kaikohe
    • Bay of Islands
    • Whangarei
    • Dargaville
    • Kaipara
    • Mangawhai
  • Auckland
  • Waikato
    • All Waikato
    • Hamilton
    • Coromandel & Hauraki
    • Matamata & Piako
    • Cambridge
    • Te Awamutu
    • Tokoroa & South Waikato
    • Taupō & Tūrangi
  • Bay of Plenty
    • All Bay of Plenty
    • Katikati
    • Tauranga
    • Mount Maunganui
    • Pāpāmoa
    • Te Puke
    • Whakatāne
  • Rotorua
  • Hawke's Bay
    • All Hawke's Bay
    • Napier
    • Hastings
    • Havelock North
    • Central Hawke's Bay
    • Wairoa
  • Taranaki
    • All Taranaki
    • Stratford
    • New Plymouth
    • Hāwera
  • Manawatū - Whanganui
    • All Manawatū - Whanganui
    • Whanganui
    • Palmerston North
    • Manawatū
    • Tararua
    • Horowhenua
  • Wellington
    • All Wellington
    • Kapiti
    • Wairarapa
    • Upper Hutt
    • Lower Hutt
  • Nelson & Tasman
    • All Nelson & Tasman
    • Motueka
    • Nelson
    • Tasman
  • Marlborough
  • West Coast
  • Canterbury
    • All Canterbury
    • Kaikōura
    • Christchurch
    • Ashburton
    • Timaru
  • Otago
    • All Otago
    • Oamaru
    • Dunedin
    • Balclutha
    • Alexandra
    • Queenstown
    • Wanaka
  • Southland
    • All Southland
    • Invercargill
    • Gore
    • Stewart Island
  • Gisborne

Media

  • Video
    • All Video
    • NZ news video
    • Herald NOW
    • Business news video
    • Politics news video
    • Sport video
    • World news video
    • Lifestyle video
    • Entertainment video
    • Travel video
    • Markets with Madison
    • Kea Kids news
  • Podcasts
    • All Podcasts
    • The Front Page
    • On the Tiles
    • Ask me Anything
    • The Little Things
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In
Advertisement
Advertise with NZME.
Home / Business

Real estate industry warned after agent hit with $35k penalty

Anne Gibson
By Anne Gibson
Property Editor·NZ Herald·
5 Nov, 2018 03:03 AM3 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  Sign in here

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save

    Share this article

Agent fined just over $35,000 after pleading guilty to misconduct.

Agent fined just over $35,000 after pleading guilty to misconduct.

A real estate agent who sold a Wellington home with rot and "bogged" weatherboards has been ordered to pay $35,000 by the industry's disciplinary tribunal after the owner suffered losses of more than $200,000.

The $35,000 payment included $20,000 worth of general damages - believed to be the largest of its type to come out of the Real Estate Agents Disciplinary Tribunal.

John Waymouth, a lawyer who trains real estate agents on their legal responsibilities, said the case was a warning for the industry.

Ben Cartwright, who worked for Harcourts at the time, was fined in July after pleading guilty to a charge of misconduct over the sale of a house in the Wellington suburb of Karori.

Cressida Claire Mayson Saywood, according to the tribunal's decision, bought the Standen St house with her partner in 2015 after moving to Wellington. Cartwright sold them the house.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

Saywood later became aware of "significant rot in a window frame" so commissioned a building report which revealed rot, "bogged" weatherboards and obvious defects which needed repair, the tribunal said.

Cartwright, the tribunal said, told Saywood during the sale that an earlier offer on the house did not proceed for financial reasons and failed to say the first tenderers' contract fell through due to a building inspection report.

The tribunal said Cartwright minimised the content of that report.

Advertisement
Advertise with NZME.

Saywood and her partner lost $185,500 when they on-sold the house and, with their costs, were out of pocket $207,731. They sought reimbursement of the full amount from Cartwright in the tribunal.

The tribunal ordered Cartwright to undergo training, pay Saywood $20,000 for the loss she had suffered and $10,518.50 for surveyor, building inspector and legal costs.

Cartwright was also ordered to pay a $5000 fine.

Waymouth said today the biggest part of the fine was $20,000 general or unspecified damages which was the largest he knew of for that type of fine.

Discover more

Business

Auckland homes with million dollar CVs taking a hit

19 Oct 04:00 PM
Investment

Agent who bought house he was selling censured, fined

04 Nov 12:06 AM
Business

Real estate firm mocks tenants in newsletter

01 Nov 07:20 PM
Business

Real estate agents guilty of misconduct

02 Nov 05:21 AM

He is using that case to warn other agents of big financial fines for misconduct, pointing out that the tribunal can make orders of up to $100,000.

Waymouth, of Auckland-based Realty Law Consultants, acts for many agents and runs seminars and training courses for national agency chains.

"This is a precedent," he wrote in a paper for a Christchurch real estate conference a few weeks ago of the $20,000 general damages included in the order.

Other agents should beware, he said.

"This could be the beginning of a disturbing trend," Waymouth wrote. Agents found liable for unsatisfactory conduct or misconduct were being ordered to pay people compensation which is in effect damages for other non-specific matters."

Chris Kennedy, Harcourts Group chief executive, said Cartwright had pleaded guilty, was censured and fined but because he was no longer a member of the Harcourts' team, he had no further comment to make about it.

Advertisement
Advertise with NZME.

Cartwright, who has sold over $120m of property during his career, said he had paid the money but would not comment on what he thought of the decision.

Saywood said she and her partner has since returned to Invercargill: "It took three years to get to this end point. I've been really disappointed it has flown under the radar. It was really frustrating. My husband went over to the Solomon Islands for a nine-month stint of work to recoup part of the money," she said.

"It was hell, really," she said of the emotional, personal and financial costs.

Cartwright now works for Ray White Johnsonville.

Carey Smith, Ray White chief executive, said today that Cartwright worked for Harcourts at the time.

Save

    Share this article

Latest from Business

Premium
Personal Finance

Company that lends flexible line of credit for divorce proceedings launches in NZ

13 Jul 05:00 AM
Construction

Insulation rule changes could cut $15k from new build costs

13 Jul 04:00 AM
Premium
Opinion

Phil O'Reilly: NZ business must rethink how it sees Europe

13 Jul 03:00 AM

Audi offers a sporty spin on city driving with the A3 Sportback and S3 Sportback

sponsored
Advertisement
Advertise with NZME.

Latest from Business

Premium
Company that lends flexible line of credit for divorce proceedings launches in NZ

Company that lends flexible line of credit for divorce proceedings launches in NZ

13 Jul 05:00 AM

Aussie lender JustFund aims to bring over 100 Kiwi law firms on board by the end of 2025.

Insulation rule changes could cut $15k from new build costs

Insulation rule changes could cut $15k from new build costs

13 Jul 04:00 AM
Premium
Phil O'Reilly: NZ business must rethink how it sees Europe

Phil O'Reilly: NZ business must rethink how it sees Europe

13 Jul 03:00 AM
Premium
Sasha Borissenko: Is gig work freedom or friction?

Sasha Borissenko: Is gig work freedom or friction?

13 Jul 12:01 AM
Gold demand soars amid global turmoil
sponsored

Gold demand soars amid global turmoil

NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven Car Guide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP