GALVESTON — A Galveston real estate company is suing over alleged breach of contract and other charges related to a truncated real estate transaction.

Beachside Realty Company LLC filed the suit on Sept. 24 in Galveston County Court against Ann Kushwaha, Vivek Kushwaha, Nellie Kay and Woodland Executive Homes.

The plaintiff contends that on Jan. 7 it entered into an exclusive agreement with the Kushwahas to sell property at 11634 Beachside in Galveston. On June 30, the plaintiff secured execution of the sale between the Kushwahas and defendant Nellie Kay. The listing agreement expired on July 7. The day before, defendant Kay informed the plaintiff she no longer wished to purchased the property. But on July 30, the suit claims, the Kushwahas sold the property to Woodland Executive Homes, owned by Kay. 

The suit claims the Kushwahas breached the contract that gave the plaintiff broker rights by selling the property themselves and then failing to pay the plaintiff's commission. In addition, the plaintiff alleges the defendants conspired to interfere with a contract.

The plaintiff seeks the $42,000 commission due on the account, interest, court costs and attorneys' fees. From Woodlands Executive Homes and Kay, the plaintiff wants the same amount of commission, court costs and interest, as well as exemplary damages. Stephen G. Schulz and Joseph Z. Cavanah of Greer, Herz & Adams LLP in Galveston are representing the plaintiff.

Galveston County Court Case number CV-0075086

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