Former Bayleys real estate agent Geoffrey Mairs was arrested by police after fleeing from a house he stayed the night at.

An Auckland real estate who was caught staying the night at a house that was about to go to auction has been charged with disgraceful conduct.

Former Bayleys real estate agent Geoffrey Mairs had a charge of disgraceful conduct brought against him by the Real Estate Agents Authority (REA) for the incident which occurred on February 27 last year.

The case was heard before the New Zealand Real Estate Agents Disciplinary Tribunal on April 9.

A decision released on April 27 detailed how Mairs stayed the night at a Mission Bay property being sold by Bayleys colleague David Anderson.

The next morning the mother of the man who owned the house, and her friend, stopped by the apartment and noticed that someone had been sleeping in the bedroom.

The property had been dressed up for open homes and the bed consisted of two blow-up mattresses on top of each other.

The woman could see that one of the mattresses was leaning against the wall and the door to the ensuite bathroom was closed. The woman's friend said she thought that she could hear someone in the shower.

The women went out to the street and called another Bayleys agent to find out what was going on.

As Mairs exited the house the woman took a photograph before phoning police.

Mairs gathered his things from the house and left a key hanging on the wall.

Police later found Mairs outside the Mission Bay cinema and, after being questioned, was arrested for being unlawfully on the property. The police charges against him were subsequently withdrawn.

The decision said Mairs said he had needed somewhere to stay for the night. He said he phoned Anderson, who picked him up from Bayleys' office, and gave him keys and permission to stay at the Mission Bay house for the night.

The decision said Anderson, who described Mairs as an associate, said he never gave Mairs the keys or permission and was at home with his wife that evening.

He said that at about 6pm he received a text message from Mairs looking for a place to stay because he was "being evicted". Anderson said he could not help.

Anderson said he did not hear from Mairs until the next day when he saw that he had two missed calls and four texts, the decision said.

According to the tribunal decision the following text messages ensued:

Mairs: The parents are here. Wt do I say

Do I just grab my stuff and run

I'm in the bathroom hiding

Do you reckon I could say I know the owners or something. Or run?

Anderson: What are you talking about? What property

Mairs: Yeah you don't want to tell them I was just getting changed before I show a client through

Anderson: Are you f...ing joking? You'd better not be in the property I'm listing.

Mairs: I've shot thru. But they were on my tail and I'm trying to get a taxi outta here, but it is difficult with no credit. Can you please call a taxi to the Berkely cinema (sic). I just grab the key off ur desk and was getting changed before I show a buyer through

Sorry about this. I'll have to find you a buyer for it by tomorrow. So send me details.

Sorry. Hopefully Matt doesn't find out. I'll be fired if he does no doubt.

Anderson: Let me know when you can talk. I need to get to the bottom of this.

Mairs: just got out of cells. Sorry bud. I had Ben Turner meeting me at 12 PM. I'm going into Federal Street detox unit... And I quit Bayleys.

In its decision the tribunal said the text messages were consistent with Mairs having obtained access to the property without the knowledge or agreement of Anderson.

The tribunal said Mairs' behaviour was serious misconduct which "in our view would be regarded by reasonable agents of good standing and members of the public as being disgraceful".

"Conduct of this kind is erosive of public confidence in real estate agents."

The tribunal found the charge of disgraceful conduct brought against Mairs was established.

The tribunal had 21 days to consider what penalty Mairs should face.

Bayleys group licensee and compliance manager Tony Bayley said that on hearing of Mairs' inappropriate behaviour, the company communicated all details of the incident to the property's owners, promptly took all steps possible to remedy Mairs' indiscretion and immediately notified the REA of the incident.

Bayley said Mairs' resigned from the agency immediately.