Mountain Heritage Realty sues CHHS Investments for breach of contract

By Kyla Asbury | Jan 23, 2017

MARTINSBURG – Mountain Heritage Realty is suing CHHS Investments after it claims it breached its listing agreement.

Michael A. Corbin is doing business as CHHS Investments.

On Jan. 22, 2013, Mountain entered into a real estate listing agreement with CHHS for the sale of real estate known as “White Horse Mountain” in Springfield, according to a complaint filed Nov. 14 in Hampshire Circuit Court and removed to federal court on Dec. 27.

The primary term for the listing agreement remained in effect from Jan. 22, 2013, until Jan. 22, 2014, and there was a provision that Mountain shall receive a commission of 10 percent of the total sales price for the real estate.

Mountain claims that it fulfilled all of its obligations contained in the listing agreement and that it made contact with, met and showed the real estate to The Potomac Conservancy and, despite its continued interest in the real estate, CHHS failed to renew the listing agreement after Jan. 22, 2014.

On May 12, 2015, CHHS transferred the real estate to The Potomac Conservancy and the sales price of the real estate was $2.825 million, according to the suit.

Mountain claims it is entitled to the 10 percent commission of the total sales price of the real estate as it was through Mountain’s efforts and instrumentality that CHHS was able to sell the property.

CHHS breached the terms and conditions in the listing agreement, according to the suit.

Mountain is seeking judgment in the amount of $282,500. It is represented by Jonathan G. Brill.

CHHS is represented by Charles F. Printz Jr. and J. Tyler Mayhew of Bowles Rice LLP.

U.S. District Court for the Northern District of West Virginia case number: 3:16-cv-00171

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Bowles Rice LLP U.S. District Court for the Northern District of West Virginia Martinsburg Division

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