GALVESTON � CA New Plan Fixed Rate Partnership LP has filed suit against local real estate broker Robert L. Trask in an effort to recover a $14,784 commission.

A lawsuit filed Feb. 23 in Galveston County Court at Law No. 3 says that Trask was to return the funds after a leasing arrangement with a third party fell through.

"The defendant(s) have been unfairly and inequitably enriched directly through the benefits wrongfully retained by them which rightfully belong to CA New Plan," the original petition states.

According to recent court documents, CA New Plan and Trask entered into a commission agreement in which the former paid the defendant, doing business as Re/Max Associates, in the event a prospect signed off on a shopping center lease agreement.

The contract required Trask to refund any commission should the aforementioned prospect fail to open for business or to meet any contingency stated in the subject lease agreement, the suit says.

CA New Plan explains that it paid Trask $14,784, but the defendants refused to give the money back after their prospect was unsuccessful with a startup.

Buck Keenan LLP is representing the plaintiff, and Galveston County Court at Law No. 3 Judge Christopher Dupuy is presiding over the case.

Cause No. 64,741

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