SA estate agent to keep real estate licence after 'serious neglect of duty'

A South Australian estate agent who sold the home of an elderly woman who suffered a mental impairment at “significantly below the fair market price” to a developer friend of his brother will be allowed to keep his real estate licence.

Daniel Christiaan Overduin, who traded as Daniel Christiaan Real Estate in Tennyson, was reprimanded by the District Court of South Australia and fined $14,000 on March 21 for “at the very least  a serious neglect of his duty”.

He has subsequently had his membership of the Real Estate Institute of South Australia (REISA) cancelled.

South Australia’s consumer watchdog, Consumer and Business Services (CBS) had some harsh words for Overduin, but consumer affairs commissioner Paul White agreed with the court judgement that a fine and reprimand were sufficient.

CBS is responsible for the process of registering and renewing the registration of land agents in South Australia.

“This was a case of serious neglect of duty and could have resulted in the cancellation or suspension of Mr Overduin’s licence,” White says.

“The judge took into account Overduin’s previous unblemished record and decided that the public would be sufficiently protected by a fine and reprimand.

“This case sends a strong signal to estate agents they need to maintain proper standards of conduct,” White says.

REISA chief executive officer Greg Troughton says he is disappointed that Overduin’s real estate licence was not cancelled or at the very least suspended.