Attorneys for Frank Hardy, Inc., the luxury real estate agency, and Vineyard Estates LLC, the would-be luxury real estate development company headed by Patricia Kluge and her husband, William Moses, argued in Albemarle County Circuit Court this morning about what constitutes a contract and whether one had been broken between the parties. Judge Thomas H. Wood concluded that Hardy and Vineyard Estates did not, in fact, have a termination agreement—the subject of Hardy’s $1,867,200 suit—thereby paving the way for an April 2 trial date.
At heart are two agreements between Hardy and VE dating to August 29 and September 9, 2007, and set to expire by March, 2009. Hardy would serve as the exclusive listing agent for the turn-key luxury estates that VE envisioned for a portion of Kluge’s expansive Southern Albemarle property. By April 2008, with the real estate market coming to screeching halt, things weren’t going as planned, and VE wanted out. VE’s attorneys from Michie Hamlett say that a series of late April emails constitute an agreement to release Hardy from his role in exchange for $25,000. Hardy’s attorney, Brock Green of Charlottesville litigation team Jones & Green, says terms were not agreed to. Both sides agree that no money—neither a $25,000 termination fee nor the $1.9 million that Hardy now seeks—exchanged hands.
Judge Wood listened to about 40 minutes of argument and then agreed with Hardy’s side.
Attorney Ronald Tweel, upon leaving the courtroom, said that his client would be "open to all possibilities," as far as out-of-court settlement goes. That option may be of interest to Kluge, in the name of financial discretion, as Green promises that if the case proceeds to trial he will bring "many witnesses" to testify.