Debby-Ann Samuels

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

The Complainant retained the Respondent in 2017 to add her name to a title held by her cousin, for an agreed fee of $80,000. The Complainant paid a total of $183,300 ($104,000 fees plus $79,300 taxes), overpaying the agreed fee, yet after approximately 7 years her name was still not registered on the title. The Respondent admitted deliberately pacing/delaying the work according to payments and sought additional fees. The Panel found her guilty of professional misconduct under Canons IV(r), IV(s) and I(b), but not guilty on the undertaking and conflict-of-interest particulars (no evidence led). No dishonesty was found. Sanction was deferred to allow the Respondent to present mitigation on a later occasion.

Duties found breached:

• Not mislead the court
• Uphold public trust in the profession
• No conflict between current clients

Aggravating factors:

• Respondent deliberately delayed the transaction because she wanted to be paid more than the agreed fee
• Approximately 7 years elapsed with the client's name still not registered on title
• Client overpaid, having paid $104,000 in fees against agreed $80,000, plus $79,300 in taxes

Mitigating factors:

• The pandemic contributed to delays
• Respondent charged relatively low/affordable fees and continued some work despite disputes over payment