The Real Estate Agents Authority has released details of its first misconduct decision, but it doesn’t issue any punishment to the agent in question.

Misconduct in the inaugural decision relates to an agent doing what is sometimes referred to as death knocking, in contacting the widow of a recently deceased man offering to help sell the family home.

Real estate agent Tip Spooner began working as a real estate agent in 2003, and has been working for Prestige at Milford on Auckland’s North Shore since 2008.

A neighbour of hers told her about a woman living nearby on the North Shore, referred to only as ‘Mrs A’, whose husband had recently died in November 2009.

Ms Spooner sent a condolence card to the widow, who had never met, three weeks after her husband’s death saying how sorry she was to hear of the loss, and that she could help the widow to sell her family home.

“If at any time in the future you would like to discuss your options or just ask for advice regarding your property and the market please don’t hesitate to call me,” Ms Spooner said in the card, accompanied by her business card.

The widow’s daughter complained to Ms Spooner’s manager at Prestige and sent a copy of her letter to the Real Estate Agents Authority, which had come in to force less than ten days earlier on November 17. Ms Spooner and her manager both apologised to the family.

Complaints sent and apologies issued
The Real Estate Agents Authority forwarded the complaint to the Complaints Assessment Committee, which decided to let Ms Spooner continue to practice and did not charge her any fine.

“The Committee is satisfied that Ms Spooner’s actions in sending a condolence card to the complainant’s recently bereaved mother in the circumstances described above amounted to the unsolicited canvassing of property and real estate agency work,” the Committee said.

“Such actions, in the Committee’s view, would reasonably be regarded by agents of good standing as being unacceptable and further, they fall short of the standard that a reasonable member of the public is entitled to expect from a reasonably competent licensee.”

Ms Spooner wrote to the Committee, saying she had no history of complaints and provided nine written references supporting her claim that she enjoyed a well-earned relationship with clients as an honest, reliable and caring salesperson.

She only intended to offer professional advice, she said, with no intention to “canvas” the widow’s property.

No punishment awarded
While the Committee said Ms Spooner’s actions caused significant distress to a recently bereaved widow and her family at a time of great sadness, it had “no reason to doubt” Ms Spooner had not intended to cause distress.

It decided only to censure Ms Spooner, not charging a fine because there had been no financial loss to the complainant and Ms Spooner told the Committee she had “already suffered loss of business and income”.

Ms Spooner can continue practicing as a licensed real estate agent.