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Friday, April 11, 2014
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agreement via email from Mr Kamau, but that email was never found, the tribunal said. In March, a new power of attorney – local counsellor Tony Vainerere – was appointed and in May he approached another real estate agent to sell the house. But McDonald claimed she had a signed agency agreement for the property and she emailed a copy to Mr Vainerere, but the signature was determined not to be that of Mr Kamau. McDonald was advised to cease acting in relation to the property but she argued, through her solicitor, that she had a claim to a $9000 commission and she would lodge a caveat on the property. The tribunal’s findings were that McDonald’s conduct was disgraceful and at the more serious end of the range likely to come before them. Three charges of misconduct - forging the signature, using the forged document to claim a commission, and using it to lodge the caveat - were found proven, while another charge of unsatisfactory conduct – late bond payment – was also proven, and a fifth charge was withdrawn. The offending occurred in 2009.
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Agent banned for three years An Ashburton real estate agent who forged a sale agreement has been slapped with a three-year suspension of her licence and a $5000 fine. The Real Estate Agents Disciplinary Tribunal confirmed yesterday it had found Julie Anne McDonald guilty on three charges of misconduct relating to incidents in 2009, where she forged the signature of a client – Rata Jared Kamau – on a listing agreement for his sick father’s property. Kamau had power of attorney for his father – Waddoup David Kamau – and the family decided his home should be rented out and possibly sold at a later date, the tribunal heard. In February 2009 McDonald – a licensed real estate agent and director of Ashburton Real Estate Ltd – was engaged to find a tenant and she sent a number of documents to be signed, including an agency agreement for sale of the property. But that document was not signed by Mr Kamau as the family decided not to sell at that point. McDonald claimed that in the coming weeks she did receive a signed agency
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