September 30, 2022
September 28, 2022
The real estate agent suspended his license. Photo / Provided
A real estate agent has opposed having his license revoked, calling it “extreme” after he suspended his right to work in the sector but failed to complete the continuing professional education that is mandatory.
Andrew Martin Shaw
Represented himself in the Estate Agents Disciplinary Tribunal when he challenged the Real Estate Authority over the cancellation of his license.
But he lost that and can no longer hold a license to practice in the sector for five years – the harsh penalty of having his license revoked.
Shaw told the court that his last real estate sale was in December 2019 and that he effectively left real estate in March 2020 after 27 years.
But he only sought to put his license on hold at the end of 2020 and suspend it, never to cancel it.
The Real Estate Authority contacted him in November 2020, confirming the voluntary suspension of his license by then until the following November.
He was advised that he did not need to complete continuing professional education during the period of suspension, but would have to do so in the calendar year in which he reinstated his license.
Last November, the authority emailed Shaw saying he needed to undergo professional development and he was reminded of this again in February this year.
Shaw emailed the authority on March 2 this year, saying he had responded by stating that he had suspended his license the previous year and did not need to undertake any professional development.
But on March 3, an enforcement officer phoned Shaw, telling him the Realtors Act was prescriptive. He had to complete the development or the Registrar would revoke his license.
He had been repeatedly told he had to do something, but he did nothing, the decision notes.
When contacted about having his license revoked, he had a week or two to renew his suspension, but his new business and new family were hit by Covid-19 in February and he forgot to do so. do it on time, according to the decision.
It was “extreme that he was penalized for a clerical error”, he told the court.
Yet the court found that the authority was indeed right to revoke his license because he had failed to complete his continuing professional education.
In an email to the court in May, Shaw acknowledged receiving the emails from the authority.
But he said he didn’t open them because he wasn’t in the industry and most of the emails weren’t about him.
He mistakenly thought that the renewal of the suspension was at the end of March and that if he did not renew, the worst that could happen would be that his license lapsed.
Although legally the authority might be right to ban him for five years, it seemed like overkill for delaying reading emails and not paying the $100 fee on time, he said. declared.
In another email to court in May, Shaw said it was pretty ridiculous that by not paying the $100 fee on time, he would be deemed to be practicing real estate, even though someone was to be employed to do it.
Because he failed to pay the fees, he was banned from practicing for five years, he said. A doctor or lawyer had to do something very negligent or criminal to be barred, Shaw told the court.
The court said that Shaw did not dispute that he was properly required to complete the specified professional development and refresher hours on certain dates, that he had received the required communications and, therefore, the process prescribed by law had been followed. He did not complete those hours on time.
That being the case, the Registrar must cancel its license, the court ruled.
Shaw can no longer hold a license for five years following the cancellation, the court heard.
Shaw says he now works in the warehousing business in Hamilton.
“I guess I just wanted the option,” he said of his chance to get back into real estate.
“I might have come back. I was in real estate for 27 years and won national awards. I was quite respected but decided to do something else,” he said .
Shaw had worked at Bayleys Hamilton for 27 years.
Asked about the decision, he told the Herald:
“There’s absolutely no wiggle room with them. Whether it’s a clerical error or not, they’ll cancel your license even if you’re a day late. I would have thought if you don’t renew, your license would expire, but apparently it doesn’t.
“They say you can’t have a license for five years. I never will; I’ll be 60 then,” Shaw said.
He knows sales agents who have lost their clients “tens and millions of dollars” and they have no sanctions against them.
Shaw cited a property that was worth triple what it was sold for “and the owner trusted the agent and asked if it was a good deal. The Cambridge industrial block was sold. The new owner is now selling the land for 10 times what he paid for it,” Shaw said.