Commercial real estate company alleges customer failed to pay commission

By Noddy A. Fernandez | Apr 19, 2018

CHARLESTON — A Kanawha County real estate company is suing the owner of a Charleston commercial property, alleging breach of contract and promissory estoppel.

CHARLESTON — A Kanawha County real estate company is suing the owner of a Charleston commercial property, alleging breach of contract and promissory estoppel.

Riggs Commercial Realty LLC filed a complaint March 13 in the Kanawha Circuit Court against Contemporary Galleries of West Virginia Inc., alleging the defendant refused to provide rental commission as agreed.

According to the complaint, the plaintiff alleges  in July 2016, the two parties entered into a contract agreement whereby the plaintiff would find tenant for Contemporary Galleries' property at 3808 MacCorkle Ave. SE, Charleston. The suit says, in return, Riggs Commercial was to be paid a commission of 6 percent of the total rent that the tenant would pay to the defendant. 

Riggs Commercial says it found a tenant, fulfilled and completed all of the terms and conditions but has failed to receive the commission in accordance with the contract. 

The plaintiff alleges Contemporary Galleries of West Virginia has failed and refuses to pay the commission due and owing.

Riggs Commercial Realty seeks trial by jury, judgments of $14,760 and $102,000, compensatory damages in the amount of its commissions, plus pre- and post-judgment interest and all other damages allowed by law. It is represented by attorneys Mark W. Kelley and David S. Hughart of Ray, Winton & Kelley PLLC in Charleston.

Kanawha Circuit Court case number 18-C-281

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Kanawha Circuit Court Ray, Winton & Kelley PLLC

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