Trial bound: Hardy v. Kluge moves forward

news-kluge-moses-spec-houseOn the block: the first homestead in Vineyard Estates, developed by William Moses and Patricia Kluge.
ALBEMARLE COUNTY WEBSITE; LISA PROVENCE

The high-dollar development of Patricia Kluge and Willam Moses, already beset by a multi-million-dollar spec house in foreclosure, earned another unwelcome distinction Friday as a judge ruled that a realtor's $2 million lawsuit against the project can move forward.

The attorney for the Vineyard Estates development, Dave Thomas, argued February 26 in Albemarle Circuit Court that an email that estate broker Frank Hardy sent a day after a meeting in which the two sides discussed ending Hardy's exclusive listing agreements for the 24-lot development, amounted to a contract.

"We all agree that we would like to accept your offer of $25,000 together with the release of the existing contact list," Hardy wrote in the email. "Would you like to prepare a document which would terminate our agreement upon receipt of funds?"

With "nothing ambiguous" in the email, said Thomas, written words "mean what they say."

But Brock Green, attorney for Hardy, pointed out that Hardy never received the two things he  requested: the $25,000 and the contact list–- a "very valuable" roster of potential buyers who expressed interest via a website (and whom Hardy might be able to represent as buyer's broker even after he'd lost his role as seller's agent).

A written contract presented by Vineyard Estates gave no timeline for making the payment and said nothing about the contact list. Such omissions, Green argued, proved that no "mutual assent" had been reached.

Vineyard Estates went ahead and signed up Sotheby's International Realty to market the million-dollar-plus parcels. Hardy's suit asks for $1.9 million–- the total commissions Hardy's firm stood to earn if all the parcels had sold at full price. To date, none have sold.

"I can't imagine, reading all these numbers, why $25,000 wouldn't have come out and been paid," said Judge Thomas H. Wood.

Announcing that he thought it reasonable that Hardy and his team would want to be reimbursed for their work and expenditures during the time they represented Vineyard Estates, Judge Wood ruled against Kluge's motion for summary judgment and set the case for trial on April 2.

"We didn't have much doubt that the judge would rule the way he did," said Hardy's attorney Green,  promising to bring "many witnesses" to trial.

Co-counsel for Vineyard Estates, Ron Tweel, told reporters that the development is willing to consider settling. "We're open to all possibilities," Tweel said, "as we always are in litigation."

13 comments

Yup, Hook censored my post.

No truth reported here without an edit. I posted truth, but it scared the Hook for some reason. LOL

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Sorry about the typo --- GLASSES

Here's the full size image if you want to take another look.

http://www.readthehook.com/blog/wp-content/uploads/2009/10/photo-moses-k...

Bud, I think you might need glasseas at the last call. And order coffee instead of a budweiser. :)

My original statement stands, she is a VERY attractive woman for her age. And I have never seen her being mean or rude to anybody that didn't deserve it.

Face it Bud, most people are jealous of her wealth and success. It's that simple.

Now let me take a wild guess here? You probably think Brooke Shields still looks good at last call?

How these comments turned to what Patricia Kluge looks like is ridiculous. As far as their real estate venture goes, at least they tried to develop a community of attractive and architecturally interesting houses...even if they were very expensive. I've seen houses for sale in parts of Florida for 3 million that are hideous. Most developers try to crank out as many windowless vinyl sided boxes as they can...charging between 250,000.00 and 450,000.00 on average. That is not only a crime against the consumer, it's a crime against our beautiful country. Those hideous homes will be with us a long time. Whether a home is 75K or 7.5 million, there is no excuse for bad architecture. I applaud them for their vision, albeit expensive. As far as their lawsuit with Frank Hardy, there is not enough information provided to comment.

Just what buyers of multi-million dollar properties dream of: a foreclosure next door, and lawyers swarming like crows in the trees. A real estate development only Charles Addams could love: http://files.neilgaiman.com/addams%20for%20sale0622_edited-752200.jpg

I wish the Hook would register usernames. Now it not only looks like "I" commented about something I don't even care about but also that what "I" wrote was so bad it got deleted!

Lawyers running up bills, that's why. What a ridiculous argument to put before a judge.

Why not pay the $25K which is a cheap buyout? Ms. Kluge's local former employees, whose numbers are legion, might weigh in on this one..
Frank Hardy doesn't want to be discarded like a used tissue after expending time and money on the defendant's behalf, that's all. They'll buck him until it's more convenient to settle...

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This story lacks clarity.

1) Do they want to pay the 25k now without the list?
2) Do they want to pay the 25k with the list?
3) Would The realtors accept the 25k?
4) If they pay the two million will the realtor guarantee to sell all the properties at full price?

When they asked for summary judment was it because the realtors are going for a bigger payoff rather than the one they agreed to and they wanted the jude to grant them that so they could negotiate.

Both sides of this should be wide open to interviews since both of then have reputations at stake. If the realtors are simply turning down a reasobale offer to hang a wealthy person out to dry I would never consider them for my personal use. If Ms Kluge is trying to cheat them I will sell my copy of her adult work on ebay.

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Mr/Mrs/Miss End The Fed, Patricia Kluge is still a VERY attractive woman. 25 and 30 years ago she was an absolutely beautiful young lady.

In other words.... your jealousy is showing. STFU!