Lawsuit says Coldwell Banker didn't pay up

By John O'Brien | May 24, 2006

CHARLES TOWN - Two real estate agents allege that Coldwell Banker Real Estate Corp. did not pay them their share of money from the sale of a property in Ranson.

Andrew Becker of Falling Waters and Donald Becker of Parkersburg filed a lawsuit against Coldwell Banker and four other defendants in Harrison Circuit Court, and it was moved May 16 to Jefferson Circuit Court.

Premier Properties, Steven Dubrueler, Brett Haynes and James Miller are also listed as defendants.

The lawsuit was filed through Patrick Cassidy of Wheeling law firm Cassidy, Myers, Cogan and Voegelin.

It alleges that Andrew and Donald Becker entered into independent contractor agreements, as real estate agents, with Miller.

On Feb. 20, 2004, Andrew says he obtained a listing agreement of real estate in Ranson, in Jefferson County, by Joseph and Donna Cepelka.

Ten months later, Andrew says he sold the property, and Miller, doing business as Coldwell Banker premier Homes, was entitled to pay him.

"Notwithstanding Plaintiffs' entitlement to the listing commission to be paid upon the sale of the Cepelka property, said listing commission was paid to the defendants, Premier Properties, Steven Dubrueler and Brett Haynes," the complaint says.

The complaint adds Haynes and Dubrueler, also real estate agents, "interfered with Plaintiffs' said business relationship or expectancy."

Andrew and Donald Becker charge the defendants with breach of contract, tortious interference with business relations, conspiracy/fraud and vicarious liability.

They seek compensatory and punitive damages.

Jefferson Circuit Court case number 06-C-171

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