An Auckland real estate agent who listed a house for sale on Trade Me without the owner's permission - and then told viewers they could only see the property from the street - has lost a court battle over his punishment.
Julian Angelo lost his real estate licence in April after being found guilty of misconduct by the Real Estate Agents Disciplinary Tribunal.
In 2016, Angelo had been painting the house and learned it was to be sold.
He created a listing for the property on Trade Me without the owners' consent and solicited buyers, telling them they could only view it from the street because of difficult tenants.
He didn't offer any evidence or appear at the tribunal hearing but later lodged an appeal with the High Court, saying he had turned up but the door was locked.
He told the court he did have permission from the owner to sell and claimed he was doing him a favour, implying he wanted to sell the house without reference to his wife.
But Justice Timothy Brewer was sceptical.
"Mr Angelo's account of what happened does not make sense," he said in his decision released this week.
Justice Brewer said because Angelo had raised no defence during the investigation he could not complain about the tribunal's decision.
"By his non-engagement with the disciplinary process, Mr Angelo has no basis now to appeal because a hearing took place in his absence."
He had also possibly gone to the wrong courtroom for the hearing, the court found.
Angelo's appeal was dismissed and he was ordered to pay the tribunal $11,038.
- NZ Newswire
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