In proceedings brought before the Real Estate Licensing Board in early April, the Real Estate Institute claimed husband and wife agents Peter and Pattye Williams "jointly committed 12 different acts of misconduct, each one of which involved misusing . . . software in relation to the accounting of trust funds".
The acts of misconduct were alleged to have taken place between April 2005 and July 2008.
In an 11-page decision released yesterday, the licensing board found the pair to be in breach with respect to nine of the allega- tions.
The Williams did not attend the hearing.
The nine proven breaches amounted to $9790 of payments, and included unauthorised deductions of $4467 from a trust account, a debt payment of $2320, $750 from a bond account and a $100 "secret commission".
The Williams, who were licensed real estate agents acting as property managers in Dunedin, worked for Lincoln Darling Real Estate until they resigned in July 2008.
Following a written complaint by property buyers, company owner Lincoln Darling initiated an audit which discovered "anomalies" in trust accounts managed by the Williams, including bond, commission and separate property accounts.
"The deliberate unauthorised deductions institute a series of breaches of trust," the board said.
"Small losses" to the public were made good by Lincoln Darling Real Estate, it said.
Contacted for comment yesterday, Mrs Williams said 35,000 transactions were scrutinised and in any property management company there was a "high chance" of there being 12 alleged breaches.
She said the pair left Lincoln Darling Real Estate "suddenly" in July last year, but without an employment contract they were unable to take allegations to the employment court for a hearing.
Dunedin-based real estate institute national president Mike Elford yesterday said: "We concur with what the licensing board has done."
Mr Elford confirmed that while unable to be involved in real estate sales, the Williams could still be property managers.
The Williams recently started a company, Dunedin Property Management Ltd. The company was gazetted in May this year.
Mr Darling preferred not to comment yesterday, saying there were matters that had yet to come before the courts.
