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NEW YORK -- President Donald Trump's hotel company is pushing into territory he conquered as a political candidate, beginning with four new hotels in Mississippi. The company will open the first of its Scion line of hotels - marketed as a four-star ...


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Plus Jobs Wedding Guide Death Notices Drive South Weather Tuesday, 2 July 2013 Real estate agent censured You are not permitted to download, save or email this imageVisit image gallery to purchase the image.By Simon Hartley Business 0 CommentsA Dunedin real estate agent who switched companies while marketing a Taieri home worth more than $1 million has been censured following disputes over the $25,000 sale commission At the heart of the matter is whether the Taieri homeseller was exposed to the risk of paying two commissions on the property, following its sale in March last year Real estate agent Shane Robinson had been working for Edinburgh Realty in DunedinHe switched to Harcourts in early March last year, taking with him the files of seven homes listed with EdinburghThey included the Taieri property, which he subsequently sold about a fortnight later A complaint against Mr Robinson by Edinburgh managing director Mark Miller to the independent Complaints Assessment Committee last August was not upheld Mr Miller appealed that decision to the Real Estate Agents Authority (REAA) The matter was heard by Judge Paul Barber of the Real Estate Agents Disciplinary Tribunal in Dunedin last November Mr Miller's appeal was successful, and Judge Barber found Mr Robinson guilty of 'unsatisfactory conduct', fining him $1000 and ordering him to pay $1000 towards costs The penalty was publicly released last month by the REAA When contacted yesterday, Mr Robinson said he was 'confused and disappointed' by the tribunal's finding, saying the vendor was 'never exposed' to paying two commissions, and noted he had since sold another, separate, property for the vendor 'From the outset it was made clear to them [vendors] there would only be one commission paid,' Mr Robinson said The tribunal's 15-page decision said Mr Robinson 'took files from a previous employer and exposed the vendors to the risk of paying double commission' On the splitting of the $25,000 commission, the decision said Mr Robinson would normally have got 50%-70% (or between $12,500-$17,500) had he remained at Edinburgh The decision said Harcourts had suggested to Edinburgh in May last year that $12,500 go to Mr Robinson, and $2500 (10%) to Harcourts, and that same day paid 40%, or $10,000, to Edinburgh However, about three weeks later Harcourts became aware Edinburgh was threatening legal action over the full commission and Harcourts forwarded the $15,000 balance to Edinburgh In evidence, Harcourts witness manager Kelvin Collins said: 'This [$15,000 payment] was in accordance with our undertaking to the [Taieri] vendors that they would not be put in a double commission situation.' In his decision, Judge Barber said he agreed with Edinburgh's legal counsel, Dunedin QC Colin Withnall, who said Mr Robinson's removal of files before he resigned implied his 'intent to poach' clients, goodwill and knowledge base from Edinburgh Judge Barber said it was clear Mr Robinson had put the Taieri vendors in a 'position of liability for double commission' but noted mitigating factors He had explained the risk to the sellers, and had given his word that 'one way or another' they would not pay two lots of commissionThe vendors had not complained and gave a letter supporting Mr Robinson to the tribunal '[However] they may not have understood their real liability at law,' Judge Barber said He said Mr Robinson 'seemed to think that either his new employer or previous employer would capitulate and do a deal...indeed, that is what happened' Mr Withnall submitted, during evidence, it was 'part of a pattern' by Mr Robinson to attempt to get 'a slice' of commissions for himself and Harcourts, which Edinburgh was entitled to 'at all stages' In finding Mr Robinson guilty of 'unsatisfactory' conduct, Judge Barber said 'indeed, depending on the facts of a particular case, the type of background outlined to us could sometimes well amount to misconduct' It was 'fundamental' that when an agent went from one employer to another, the vendors were not put at risk of having to pay double commission, any type of litigation, 'or even the cost of obtaining legal advice', Judge Barber said simon.hartley@odt.co.nz Comment now real estate Related Stories House prices and sales on rise in January Right words key to house sales Otago not following national trend House prices continue gradual rise Insurance issues hit house sales Real estate market up but varies by region Real estate sales, prices lift in May Real estate company fined $4000 Fewer real estate agents March house sales best since 2007 Renewed interest in real estate Dunedin home building companies optimistic More Connect with us Facebook Twitter Email Most Popular Govt worker dies days after bullying complaint Facade all that remains of Southern Sports Bar building Bid to save dog after attack on child Voice artist refuses to say Waimate the 'white way' 6.34 pm Man arrested after shot fired at Luggate Hotel Dunedin has ear of promoters Editors' Picks Spaceship far from ordinary Family ‘broken' after alleged murder Dunedin has ear of promoters Grindr user stupefied men, stole cards Contact Us Contribute Facebook Subscribe Home Delivery ODT Subscriptions FAQs Stops, Starts & Redirects Contact Contact us Site feedback Send us your news About us Our Websites Channel 39 - Southern TV Otago Cancel Post a Note Newspapers Otago Daily Times digital edition and archive Oamaru Mail The Star - Dunedin The News - Central Otago The Ensign - Gore Ashburton Courier North Canterbury News Southland Express - Invercargill Southern Rural Life Central Rural Life The Courier - Timaru Mountain Scene - Queenstown Property Times South Canterbury Extra! 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