Madison - St. Clair Record

Saturday, August 17, 2019

Man claims agent failed to actively show property to possible buyers

By Noddy A. Fernandez | Mar 26, 2018

EDWARDSVILLE — A property owner is suing a real estate agent and company for demanding commission on the sale of a $1 million home despite allegedly failing to provide services. 

David J. Ray and Hunter LLC filed a complaint March 5 in the Madison County Circuit Court against David Lauschke and Paul R. Lauschke and Associates Inc., alleging negligence. 

According to the complaint, the plaintiffs allege that on Jan. 5, Ray's Fieldon property was agreed to be divided for the purchase price of $1.25 million after his divorce was finalized. The defendants began communicating with a buyer but allegedly provided false information regarding the property that caused the buyer to hesitate in purchasing the property. 

As a result, the purchase price of the property was reduced to $1.063 million with additional fees, expenses incurred, and a 6 percent commission for the defendants. The plaintiff also claims that prior to late 2017 the defendants failed to show the property to any buyers even though the property was on the market for several years.

The plaintiff alleges the defendants demanded a real estate commission for the sale and threatened to derail the sale, despite impending foreclosure, if they were not given commission.

The plaintiffs seek judgment in an amount of $387,000 in compensatory damages, plus costs of suit. 

They are represented by Thomas G. Maag of Maag Law Firm LLC in Wood River.

Madison County Circuit Court case number 18-L-0335

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Maag Law Firm, LLC Madison County Circuit Court

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