A local realtor accused Hinds County Chancery Judge Patricia Wise of trying to avoid paying a $240,000 commission on the sale of land in Oxford, MS. Judge Patricia Wise and Mark Wise filed suit against Adams & Associates Realty on March 7, 2012 in Hinds County Circuit Court. The realtors filed a counterclaim seeking damages and claimed the lawsuit was an attempt by the plaintiffs keep the commission from the realtor. Judge Wise's son-in-law, Precious Martin, represents the plaintiffs. Patricia Wise is a Hinds County Chancellor.
Mark Wise, Patricia Wise, and fifteen other family members were owners of a 24-acre tract of land by Ole Miss in Oxford. They signed an agreement with Adams on September 1, 2010 to sell the land. The agreement stated all legal disputes were to be resolved in Hinds County Circuit Court. The plaintiffs claim the tract was "high-demand property" and was offered for sale at $395,000 per acre. The agreement is included in the documents posted below. The agreement states Adams was to receive a 6% sales commission on the sale if the property was sold 90 days after the listing period expired. The expiration date was November 30, 2010. A buyer offered to purchase 18 acres at $2245,000 per acre ($4.5 million) on October 19, 2010 but the offer stated another realtor was to receive a 4% commission. The Wises claim Adams rejected the deal as they disagreed over the "split" of the commission between the realtors as Adams wanted to keep 4% and give only 2% to the other realtor. The Wises then accuse Adams of attempting to extend the listing period by creating a "purported" contract extension that was signed by a Shirley Daniels. The Wises claim the "extension" was not signed by any of the other sellers and was thus invalid. Did you get all that so far?
The Wises and their family received an offer to purchase 20 acres at $200,000 per acre for a purchase price of $4 million. The Wises argue there was a $500,000 loss due to the fee dispute with the realtors. The plaintiffs ask the court to declare the listing agreement expired on November 30, 2010 and was never extended. Naturally they next argue the commission arrangement was thus unenforceable. They ask the court to also rule the extension was not valid. Mark and Patricia Wise also claim $500,000 in economic damages and ask the court to recover said damages from Adams Realty. They also asked for interest and attorney's fees (Editorial Note: I just bet Precious Martin charges his mother in law $300 per hour).
Adams Realty filed a response and counterclaim on April 23. Adams stated Judge Wise and the other family members agreed in an August 2011 conference call Shirley Daniels could represent the family in dealing with Adams. Shirley Danies is the sister of Patricia Wise. Adams states Ms. Daniels signed a contract extension on December 13, 2011. The extension is included in the exhibits and states the extension is valid until December 31, 2012. Adams accuses the Wises of breaching the contract and conjuring up a phony dispute to avoid paying a real estate commission. Adams also alleges the Wises didn't begin to complain about the commission until a deal was reached in early March 2012.
Adams & Associates asked the court to award the commission and to impose punitive damages on the Wises. Hinds County Circuit Judge Bill Gowan recused himself from hearing the case on April 24.
Thursday, April 26, 2012
Realtor accuses Judge Wise trying to avoid paying commission.
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Judge Wise's son-in-law, Precious Martin, represents the plaintiffs.
Surprise, surprise, surprise.
karma is a bitch
In almost but not entirely unrelated news, JJ's favorite circuit clerk got hit for $10,000 today by the MSSC. No campaign-fund checks accepted.
Thank goodness those "terrible real estate agents" didn't get them the $ 395,000.00 pre acre, or they would have had a contractual obligation to pay a $ 568,800.00 commission!
Funny how certain people don't like paying their bills, much less honoring their commitments.
I hope the "Adams" folks' blister these deadbeats asses!!!!
Everyone loves their real estate brokers, and everyone gets along splendidly.........until it comes time to pay the commission. It's like Sellers have this sudden epiphany at closing of "I'm delighted this guy has been working for a year + to sell my property, but now that it's sold, you mean I gotta pay him? Wow, that's a LOT of money that I could / should be keeping for myself!"
I've been a real estate broker for 25 years, and I can't count the number of times I've had this happen / seen this happen.......The Seller's attitude becomes one of remorse, one of "Forget about all the money I'm making. Look at what I'm paying you!" Greed is a sad thing.
Three hundred ninety five thousand dollars per acre?
The sad part to all this is.... If she can't be fair in in her own dealings, how can we trust her to be fair on the bench?
The contractual requirement that any/all legal disputes be addressed in Hinds County says it all.
"The agreement stated all legal disputes were to be resolved in Hinds County Circuit Court."
Apparently the woman was counting on a dispute. Listen, I have been in her courtroom...and how in the world she is on the bench is beyond me. Just one other thang...An Attorney named "Precious"...pretty frightening!
Unrelated, I did not read the contract and details of court filing, however, this appears to have been an inheritance, owing to the large number of people involved. I bet it was hell trying to get clear title. Accordingly the "owners" likely had no basis in the property. Pure Profit.
I've never met Judge Wise, but someone i've known for a long time, described her to me as, "The biggest ass at fat camp". I couldn't stop laughing, thought i'd share it.
I am from Ohio my son was killed in a motorcycle accident in Brookhaven Ms. We were assigned Judge Wise to determine heirs for my sons estate. What a joke she is! We have been almost 10 months and she can't decide if my sons estate should be heard in MS or a couple of other states she likes. I hope she sends us anywhere but her courtroom. She makes me sick. Not surprised she is trying to keep this realtors commission. By the way Ms law says the case has to be tried in MS or I wouldn't be flying down to her courtroom every 2 months and getting NOTHING accomplished.
shameless!
and 7:22, sorry for your loss, and insult to injury. but she is easily reversed...
I'm sorry you have to deal with someone of her ilk.
Did he not have a will? Why do you need to "determine heirs"? Did he leave a wife? kids? In this state, the state often takes a large chunk from residents who die without a will, but if he was from Ohio I would figure Ohio law would apply. At least that's how it worked with my spouse's relatives who died without a will.
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