Western Springs commentator admits charge

Kiwi speedway commentator admits ninth charge in 13-year career

Commentator at Western Springs Speedway and Auckland real estate agent, Aaron Drever, has admitted to “reckless” misconduct and may now lose his license pending a penalty hearing set for October. 

Over the course of his real estate career, Drever has accumulated more disciplinary breaches than any other agent in New Zealand — nine in total. Over his career's 13-year period he's worked with RE/MAX, Ray White, and Harcourts. Both Ray White and Harcourts confirmed to the NZ Herald that they had ceased any dealings with Drever, with Harcourts sacking him after learning of his history. The Aucklander surrendered his license voluntarily earlier this year.

On top of commentating at Western Springs, which recently announced its partnership with Vodafone for this summer's racing, Drever also runs Aaron Drever Motorsport Media; a professional Speedway organization that provides public relations services. 

An investigation by the NZ Herald found that Drever:

• ‘failed to provide appraisals for homes supported by comparative sales data, provide necessary documentation to sellers, or set out how the properties would be marketed when clients signed agency agreements.’’

• ‘failed to provide appraisals for homes supported by comparative sales data, provide necessary documentation to sellers, or set out how the properties would be marketed when clients signed agency agreements.’

• ‘When bringing a customer to view a client's property, Drever told the seller words to the effect of, "Shut your mouth, don't say a word, they're my clients".’

• ‘In an earlier finding, the Complaints Assessment Committee found he had likely secured a longer settlement period for a fourth complainant in return for her withdrawing a complaint about him, which was labelled "tantamount to blackmail". This matter is under appeal.’

Drever's latest charges center around the sale of three West Auckland homes. One of the home owners, Wendy Lowe, spoke about Drever.

"He is in a registered occupation with a code of practice. People trust him. You shouldn't be able to have this job if you've proven you're unworthy of it," she said. 

In a statement from Drever issued yesterday, the 33-year-old acknowledged that he had made mistakes and talked of a desire to rebuilt his reputation. He also said that he was aware of other similarly unethical cases among his peers.

There has been no word as of yet from Western Springs Speedway on whether they will retain Drever's services for the upcoming season. 

The findings:

Aug 2016

Joint misconduct finding

35 Archibald Rd, Kelston

Marie van Eijk sold her Kelston home through Aaron Drever in August 2013 for $441,000 to a property investment company.

It was on-sold in December that year by Drever for $585,000 after undergoing significant renovation.

Investigators found Drever had failed to provide an appraisal supported by comparable sales data or explain how the property would be marketed when his client signed an agency agreement.

Eijk, a retired 68-year-old from the Cook Islands, told the Herald Drever was a "fast talker - very good with words".

She believed he should lose his licence.

"I would be very disappointed if he goes back to practice."

Awaiting penalty.

Aug 2016

Joint misconduct finding

99 Grassmere Rd, Henderson Valley

David Deyermond sold his Henderson Valley home through Drever in 2013 for $705,000.
Investigators found Drever had failed to provide an appraisal supported by comparable sales data or explain how the property would be marketed when his client signed an agency agreement.

When bringing clients to view the property, Drever also told Deyermond words to the effect of, "Shut your mouth, don't say a word, they're my clients".

Deyermond, 66, told the Herald he could not understand how Drever was allowed to continue practising as his track record worsened.

"He should be banned for life from holding a licence for real estate to save any further hurt or stress on people who place their properties to sell in his hands."

Awaiting penalty.

Aug 2016

Joint misconduct finding

52B James Laurie St, Henderson
Wendy Lowe enlisted Drever to sell her Henderson home in 2013 but later cancelled the agreement and switched agencies.

Investigators found Drever failed to provide an appraisal supported by comparable sales data or explain how the property would be marketed when his client signed an agency agreement.

Lowe, 58, told the Herald she was stunned to learn that thousands of dollars in marketing funds she paid to Drever had been deposited into his own account, rather than the RE/MAX agency's trust account.

She eventually cancelled the agreement and believed Drever hadn't changed.
Awaiting penalty.

March 17, 2016

Unsatisfactory conduct finding (under appeal)

Failed to follow the complainants' instructions and failed to inform the complainants about matters relating to the sale of the property.

Censured, fined $5000 and ordered to pay complainants $2246.80.

March 11, 2016

Unsatisfactory conduct finding (under appeal)

Pressured the complainants to sign a variation to the sale and purchase agreement.

Failed in his obligations to the complainants as he went overseas and did not delegate his ongoing transactions to another licensee.

Censured, fined $10,000 and ordered to pay costs of $575 to complainants.

Dec 17, 2015

Unsatisfactory conduct finding (under appeal)

21A Kelwyn Rd, Kelston

Failed to get keys from the complainant for the photographer at the arranged time and failed to provide copies of photographs to the complainant. Failed to provide marketing reports on open homes or advise the complainant he would miss meetings or was running late.

Also pressured the homeowner to withdraw her complaint regarding his conduct.

The Complaints Assessment Committee labelled this "tantamount to blackmail" and noted with concern the number of previous disciplinary findings against Drever.

"The committee agrees with the complainant that something needs to be done about this licensee so that the public can be protected."

Censured, fined $8000 and ordered to refund $10,000.

Dec 18, 2014

Misconduct finding

Put vendor monies at risk by banking marketing funds directly into his own bank account rather than through the agency.

Fined $5000, ordered to pay costs of $2000 and undertake a refresher education course.

Drever also faced a police charge in relation to the money deposits but the criminal charge was dropped when he repaid the money.

Warned by the Real Estate Disciplinary Tribunal "his licence will very likely be at serious risk of suspension or revocation" if he appeared again on serious offending charges.

April 14, 2014

Unsatisfactory conduct finding

Along with another agent, made errors and omissions in respect to the preparation and signing of a sale and purchase agreement and did not clarify the final sale price, causing the vendors to be overcharged commission.

Fined $3500, ordered to refund $2177.29 in fees.

Aug 27, 2013

Unsatisfactory conduct finding

Did not have an accurate listing agreement in place to support his claim of commission.
Censured, fined $3500 and ordered to undergo training.

Dec 13, 2012

Unsatisfactory conduct finding

Failed to give a copy of the required guide to the complainant prior to signing the sale and purchase agreement or give them adequate time to seek legal advice. Failed to provide all information provided by vendor to the complainant. Failed to correct marketing after being advised by the Real Estate Agents Authority to do so.

Censured, fined $2500 and ordered him to pay the complainant $1035 in costs.

Nov 4, 2011

Unsatisfactory conduct finding

Along with another agent, failed to advise the complainant during the negotiation process that the settlement date had been changed from that stated in his written instructions.

Censured and ordered to reimburse the complainant $1463.15.