A real estate agent's former assistant was fined $500 yesterday in Magistrates' Court after pleading guilty to unlicensed trading.

And the agent, Carabella Realty owner Ivan Clarke is due to appear in Magistrates' Court this morning to answer charges that he permitted Malika Battersbee to trade as an agent between January 19 and February 3.

Magistrate Edward King fined Battersbee $250 for trading with Juliana Swan between January 19 and 27 and with Mr. and Mrs. Albert Woods between January 27 and February 3.

Crown counsel Larry Mussenden told the court Battersbee was not a licensed real estate agent.

Battersbee left the courtroom shortly after Mr. King fined her, complaining of illness.

She is listed in court records as living at the Union Street, Pembroke address of Carabella Realty.

The Crown offered no evidence on a third charge of trading with Zuri Tate between December 1 and December 6.

Mr. King heard that Battersbee, 28, was employed at Clarke's Carabella Realty and talked with Ms Swan about a condominium at Robert's Avenue by phone on January 19.

Mr. Mussenden said she later faxed a proposal on the properties and faxed a second proposal for another apartment.

Battersbee made an appointment with Ms Swan to see the apartments on January 26, showed them, and quoted a down payment of $20,000.

Mr. Mussenden said the Woods heard of the availability of apartments by word of mouth and approached Carabella.

Battersbee showed them an apartment and after being pointed out they needed repairs, she agreed that an upper apartment could sell for $150,000, a discount of $25,000.

It was agreed a lower apartment would sell for $125,000 rather than $150,000.

Mr. Mussenden said she confirmed costs for legal fees and a deposit amount of $10,000 for the apartments which she later corrected to $10,000 for each.

Her lawyer Richard Hector said he believed his client was the first person to be prosecuted under the Real Estate Agents Licensing Act and its regulations.

Mr. Hector explained to Mr. King that Battersbee acted under the instructions of Mr. Clarke.

"She got no commission for the transaction and got nothing,'' Mr. Hector said. "She would question him about particulars and he told her he had 30 years' experience and he knows what to do.'' He suggested a discharge -- Section 64 of the Criminal Code -- but Mr. King later said he felt it necessary for some punishment.

When sentencing Battersbee, he said: "I take into consideration her guilty plea, her erstwhile clean record, and counsel submissions that she was working under the direction of the agency owner.'' Battersbee must pay the fine by the end of the month.

REAL ESTATE RE