Complaint against a real estate agent rushing to the toilet

A real estate agent faced accusations of breaching a vendor’s trust after an unexpected “gastro emergency” compelled her to leave buyers unattended in an apartment they were purchasing. The vendor, scheduled to settle the sale in two weeks, arrived to find the buyers on the balcony, leading to claims of disrespect and privacy violation against the agent.

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Several complaints were brought before the Real Estate Authority’s complaints assessment committee, which largely cleared the agent of wrongdoing but censured her on one charge. The vendor, who initially contacted the agent in August 2020 to discuss listing his property, accused her of persistent and distressing communication, although the committee found no evidence supporting this claim.

The apartment in Central Auckland was in the same building the realtor lived in. Photo / 123rf

The vendor also alleged the agent carelessly left his apartment door unlocked, but the committee deemed the action reasonable, considering the low security risk with a required swipe card for building entry. Another accusation involved the agent failing to provide a current market appraisal upon the agreement’s renewal in December 2020. The committee acknowledged this breach, resulting in a censure but no fine due to the perceived low level of misconduct.

Additionally, the vendor claimed a severe invasion of privacy when he discovered the buyers on the balcony, alleging wine consumption and fridge use. The agent explained that the buyers sought access for furniture measurements, and her sudden illness necessitated a quick return to her apartment, leaving the buyers unsupervised. While the committee considered this a “technical breach,” it did not warrant adverse findings, acknowledging the agent’s admission of unprofessionalism but understanding the circumstances surrounding her “gastro emergency.”