Real estate agents say they didn't get their commission

By Cara Bailey | Jan 5, 2007

CHARLES TOWN - A father and son real estate team filed a suit against a commercial property business, because the team never received their part of a commission.

Donald Becker and his son, Andrew Becker, are suing Steven A. Dubrueler, dba Coldwell Banker Commercial Premier Properties and Bradley K. Haynes Jr. because the Beckers say they never received their part of a $272,000 commission. The suit was filed Dec. 20.

On Feb. 20, 2004, Andrew Becker obtained a sales listing agreement for commercial real estate in Ranson. The listing contained an expiration date of Feb. 20, 2005. The property was listed at a sale price of $2,800,000.

"The Beckers worked as a team in an effort to market and sell the property," the suit says.

When a buyer had not been secured by May 2004, Haynes, who worked as a sales agent for Coldwell, was asked to help with the sale.

In October 2004, the property was sold. The closing occurred on Dec. 23, 2004.

"As of the date of the closing on the property, the listing agreement obtained by Andrew Becker remained in effect," the suit states. Yet, the Beckers say the $272,000 commission was paid to Coldwell.

The Becker sales team received no part of the commission, even though the property was sold under the listing obtained by Andrew Becker.

The suit states the defendants "intentionally interfered with … said business relationship or expectancy, and such intentional interference proximately resulted in damages to (the Beckers)."

The Beckers also are alleging the defendants conspired for the purpose of defrauding them and keeping them from receiving the listed commission.

The Beckers are seeking compensatory and punitive damages. They request a trial by jury.

Jefferson Circuit Court case number 06-C-424

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