Hawke's Bay Realtor fined over sale

Hawke's Bay real estate agency owner Simon Tremain has been ordered to pay a $750 penalty and copped a censure for unsatisfactory conduct in the selling of his family's bach in Waipatiki.

The complainants said Mr Tremain did not disclose he was the joint owner of the property he was selling, did not disclose a water damage issue in the downstairs studio, and provided misleading information regarding the studio and decking.

The property was sold on September 11, 2009. The complainants argued they were not informed Mr Tremain had a "1/8th" interest in the property sale, although his name featured on the certificate of title and the sale and purchase agreement. Mr Tremain stated in a September 27 email this year that, although he had not intentionally misled anyone, he acknowledged he could have been more thorough in his "notes, statements and contract clauses". The realtor had earlier appealed the decision.

While he had told the buyers it could get damp during winter, the committee considered the buyers had been misled.

The property's studio, advertised as self-contained, was also an issue despite a signed agreement between the parties which acknowledged it did not have a council permit.

The complainants alleged they were told that, while it did not have a permit, it could be rented out. After their purchase, they discovered it could not be used as accommodation except for family members.

An issue was also raised regarding the decks not being permitted. Correspondence from Mr Tremain showed he was unaware of this and they had been there for more than 10 years. Mr Tremain did not respond to calls yesterday.