Partial Summary Judgment thwarts request for $1.4M

Gentry Locke for the Defendant

Fairfax County Circuit Court

Gentry Locke attorneys successfully defended a large, residential real estate brokerage firm in a breach of contract case.  The plaintiff, a North Carolina consulting firm, designed new commission plans for our client’s thousands of real estate agents in the mid-Atlantic region. The plaintiff contended that it was owed $1.4 million in cumulative incentive payments based on improvement to the brokerage’s “company dollar” percentage, or profit margin, over the five-year period following adoption of the plans.

However, under a plain reading of the contract and the brokerage’s financial performance, no incentive payments were owed.  The plaintiff sought to have evidence outside of the written contract establish the terms of the parties’ agreement which, it contended, entitled it to the bonus payments.  The Court agreed with our argument, held that the written contract was unambiguous, and interpreted it consistent with our client’s position.  The Court granted our Motion for Partial Summary Judgment.

Read the Court Order PDF      Read the Letter Opinion from Judge Tran


Status of the case:

Partial summary judgment entered in our client’s favor. The case was subsequently settled at mediation and dismissed with prejudice.

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