Real estate agent handing the house key

PHOTO: FILE

A real estate agent, Yankai Paul Pang, who attempted to sell a property without ever consulting the owner directly, has been found in violation of professional conduct by the Real Estate Agents Disciplinary Tribunal. Pang, working under Megan Jaffe Real Estate at the Ray White Orakei office, received instructions from the overseas owner’s daughter, a friend, to handle the sale in mid-2021.

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Despite Pang’s inquiries about setting up a power of attorney, the daughter insisted on managing the sale due to her mother’s busy schedule. Pang received the owner’s digital signature and initials from the daughter on June 27, 2021, and used them in a listing agreement, forging the owner’s initials on each page. The agreement was signed on July 14, and Pang commenced marketing the property with an auction scheduled for August 19.

Upon receiving an offer on August 10, Pang once again utilized the owner’s signature and initials to complete the necessary documents. However, the property was withdrawn shortly before the auction, leading to Pang’s termination on November 23, following a discussion with the agency’s directors about the change in the vendor’s decision.

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In response to charges filed in April 2023, Pang claimed to have full authority from the owner, asserting that he had permission through phone conversations for each use of the owner’s signature. However, the tribunal found that Pang marketed and attempted to sell the property without proper authority.

The tribunal emphasized that even if the owner had given verbal approval to her daughter, without a power of attorney, she lacked legal authority to sell the property. Pang’s attempts to conceal his actions, including falsely claiming to have spoken to the vendor, were deemed unacceptable by the tribunal.

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The tribunal concluded that Pang’s conduct, characterized by attempts to cover up wrongdoing, was not reflective of an honest mistake. Highlighting the importance of direct communication with clients or those holding power of attorney, the tribunal upheld the charge of misconduct, with penalties yet to be determined. Pang’s actions were deemed likely to bring the real estate industry into disrepute and were not condoned by the public.

SOURCE: STUFF