Appeal allowed for real estate agent

Wellington Real Estate agent discharged without conviction after appealing 2007 sentence for breaches of Fair Trading Act

A Wellington real estate agent has been discharged without conviction, nearly six years after misleading a buyer on price.

Tim Whitehead was convicted and sentenced in 2007 on three charges of breaching the Fair Trading Act.

He had advertised a Wellington house in 2004 for buyer interest over $380,000 when the vendor would not accept less than $400,000 in the hand.

Mr Whitehead appealed the conviction last year, as the Real Estate Agents Act which came into effect after his sentencing, prevents anyone with such a conviction from holding a licence to sell real estate for five years.

Justice Harrison allowed the appeal, as the impact of that would outweigh the gravity of Whitehead's offending.