Estate agent disciplined for cell tower lapse

File photo / NZ Herald

A real estate agent who failed to disclose that cellphone towers were being built opposite a property she was selling has been ordered to apologise to the buyer and pay her $5343.

The complainant told the Real Estate Agents Authority that Maryke van Iersel, of Waiheke First National, sold her the property without disclosing that the towers were to be placed on the roof of a bowling club opposite.

She said she believed the installation of the towers would have a detrimental effect on the value of her new home, and had she known about them she would not have purchased the property.

van Iersel maintains she did not deliberately withhold information from her client.

The issue was not front of mind when marketing the property because debate and protest about the towers have been going on for about four years without a conclusion, van Iersel said.

The Real Estate Agents Authority said van Iersel had engaged in unsatisfactory conduct.

"Maryke van Iersel has failed to disclose to the complainant relevant information aboutproposed telecommunication antennas to be erected on the Club buildings, denying the complainant the ability to make an informed decision regarding the purchase of 'the property'."

Meanwhile an agent whose clients claimed she gave them incorrect information about a property they went on to purchase, has been found guilty of unsatisfactory conduct by the Real Estate Agents Authority.

The Real Estate Agents Authority decision said the agent, Diane Wilson, had inadvertently offered the complainant reassurance as to the general location of a property's boundary during a viewing of the home in April of last year.

The purchasers later discovered the boundary peg was close to the house and not where they had been led to believe it was.

The question of boundaries was important to the complainants as they wanted to extend the property, the authority said.

The complainants said Wilson had walked over to an area of the property where she said "I'm sure this is where the boundary is".

The complainants also allege Wilson gave them incorrect information about the severity of leaks in the roof of the house.

"Whilst there is no evidence to suggest that the licensee deliberately attempted to deceive the complainants and indeed would seem to have tried to help them identify boundary pegs and pointed out the stains in the ceiling it is the opinion of the Committee that more care should have been taken. By trying to help locate the boundaries the Licensee may have provided some assurance to the Complainants on which they seemed to have relied on in their purchase decision," the authority said.

- NZ HERALD ONLINE