Tauranga real estate agents censured

Tauranga real estate agent Rose Tondi. Photo / File

A Tauranga real estate agent who misled a potential buyer and favoured her client instead, has been censured.

In a newly released decision, the Real Estate Authority's complaints assessment committee found Rosa (Rose) Tondi breached the industry code six times, and was guilty of unsatisfactory conduct.

Her supervisor Gregory (Greg) Purcell has also been censured because of advice he gave her.

According to the authority's findings, Tondi provided misleading information for viewing arrangements for the property; misleading advice that the vendor wished to wait to consider an offer; failed to advise the vendor a potential buyer wished to submit an offer; proceeded to present an offer from her buyer when she had been advised another offer was coming; failed to disclose a potential multi-offer; and failed to adequately complete an extension of the agency agreement.

The complainant said he felt deceived and manipulated because he had been misled.

He said Tondi was dishonest and deceptive and accused her of lying to him.

He also said she had deliberately sabotaged the cash sale of his property and his purchase.

The committee concluded the way Tondi dealt with the other interest in the property and the advice she gave to the complainant was concerning.

"It represents a significant breach of her fiduciary duties to her complainant vendor.

"The committee found that [Tondi] deliberately downplayed the other interest in the property, stalled an offer from an interested party and favoured her buyer - potentially to the detriment of the complainant. The committee characterises the conduct of [Tondi] as self-serving."

It also said Tondi's failure to advise the vendor of a multi-offer situation was "high level
unsatisfactory conduct".

"[Tondi] failed to act in good faith and breached her fundamental fiduciary duty to her complainant client."

It ordered Tondi to refund $4000 of commission money to the complainant.

It also ordered Tondi and Purcell to both pay $1000 towards the complainant's legal expenses, and the committee fined them both $2000.

Finally, the committee ordered Tondi to complete further training about misleading conduct and misrepresentation.

The complainant asked for a written apology from Tondi and Purcell, but the decision said "the committee does not consider an ordered apology would be sincere and declines to make such an order for either Licensee".