Homeowners claim they are owed $25K from house sale

John Suayan, Galveston Bureau Feb. 23, 2011, 2:00pm

GALVESTON � Arguing they were promised half of commission from the sale of their League City home, Forrestt and Shannon Howard have filed suit against Peter B. Merritt LLC, its owner and real estate agent Jan Morgan.

Morgan sold the Howard residence twice, but has failed to pay the plaintiffs any amount, a lawsuit filed Feb. 17 in Galveston County Court at Law No. 2 says.

The complainants hired Morgan after being convinced that they would receive a 50 percent commission if their house was purchased in a short sale as well as a 50 percent refund in the event the transaction occurred within a 60-day timeframe.

Apex RE Investments bought the home for $439,000 and Morgan got a $21,955 commission. The Howards were due $10,975, the suit says.

Apex itself sold the home for $520,000, allotting a $26,000 commission to Morgan with $13,000 supposedly earmarked for the Howards.

The suit insists that Morgan refused to give the plaintiffs their share to this day. It names Peter B. Merritt as a joint defendant because he was Morgan's broker.

Attorney Edwin Q. Rainey of League City is representing the plaintiffs, and Galveston County Court at Law No. 2 Judge Barbara Roberts is presiding over the case.

Cause No. 64,721

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