By NATARIO MCKENZIE
Tribune Business Reporter
nmckenzie@tribunemedia.net
AN attorney yesterday said she had settled an outstanding $40,000 debt owed to a Bahamian real estate company, alleging that the realtor had done "very little work" for its commission
Morley Realty had sought $40,000 in commission allegedly due from well-known defence attorney, Romona Farquharson-Seymour, over a 2010 property transaction, the firm's statement of claim had alleged.
According to court documents obtained by Tribune Business, Morley Realty obtained a March 29, 2011, judgment against Mrs Farquharson-Seymour, requiring her to pay $37,497 and associated interest. Some $17,300 was also to be paid to Callender's & Co, the realtor's attorney, to cover its legal costs.
Ultimately, Morley Realty obtained an Order requiring Mrs Farquharson-Seymour to attend a March 8, 2012, hearing before the Supreme Court's deputy registrar, where she would be examined to discover how the debt owed to the realtor could be satisfied. That hearing is now unlikely to be necessary, Mrs Farquharson-Seymour telling Tribune Business that the matter had been settled, and the outstanding sum paid, within the last two days.
According to Morley Realty's statement of claim, the dispute stemmed from a July 30, 2010, real estate transaction where Mrs Farquharson-Seymour agreed to purchase a 21,009 square foot land parcel at Sans Souci/Camperdown in eastern New Providence.
It was alleged that she agreed to pay Morley Realty a $47,000 commission in connection with the transaction. The purchase of the property was said to have been completed on November 25, 2010, and a cheque, dated December 14, 2010, was sent to the realtor covering the commission.
The cheque was deposited by Morley Realty, but then allegedly returned to it bearing the message "return to drawer" on December 20, 2010. The real estate agent "later learned that there were insufficient funds in the defendant's account to cover the tendered cheque."
According to the statement of claim, from December 14, 2010, to February 8, 2011, "no good faith efforts" were allegedly taken by Mrs Farquharson-Seymour to satisfy the debt.
A payment plan was suggested by the plaintiff to her attorneys, Lockhart & Co, where $4,000 was to be paid on February 10, 2011, and $4,000 paid per week thereafter until the alleged debt was cleared, along with interest at 8.75 per cent.
Mrs Farquharson-Seymour allegedly made a $4,000 payment by cheque on February 11, 2001, "after the required deadline", while another $3,000 was tendered 14 days later - "again contrary to the required terms and deadlines".
When contacted by Tribune Business yesterday, Mrs Farquharson-Seymour said: "That's a house matter; that's already been paid. The claim was not properly brought, the sum was incorrect. The sum has been paid in full.
"Once the issues were agreed, the sum was paid in full. What's the story? I had an issue with it because the man didn't do any work. I had to do most of the leg work in order to get the vendor to sell the house. He did very little work. At the end of the day the matter has been dealt with. As far as I'm concerned, the matter is finished. So far as I'm aware that matter is supposed to be dealt before a registrar in chambers."
The plaintiff's attorney confirmed yesterday that the matter was in the process of being settled. Chad Roberts, of Callender's and Co, represented the plaintiff, while Gia Moxey of Lockhart and Co represented Mrs Farquharson-Seymour.
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