Failed $7M buy of West Colfax townhomes leads broker to sue her client

1737

17th + Irving is a 10-unit, 13,000-square-foot townhouse development in the West Colfax neighborhood. (Google Maps)

The failed sale of a $7 million townhome building near Sloan’s Lake is a source of litigation.

Erin Fisher, a real estate agent in North Carolina, said that she represented a California company called McClintock Properties in early 2022. McClintock was in the market for a property in Colorado and decided to buy 1737-1739 Irving St., Fisher said.

That address is home to 17th + Irving, a 10-unit, 13,000-square-foot townhouse building with rooftop views of the mountains and Empower Field at Mile High, according to listings.

Fisher said that McClintock agreed to buy it for $7 million in February 2022, which would mean a $175,000 commission for her. Instead, McClintock reneged on its purchase agreement “without cause” and never paid the commission, according to its former agent.

McClintock Properties did not return BusinessDen’s phone calls seeking comment. Fisher said that she has had better luck contacting the real estate firm in recent months.

“The defendant, through phone, email and text communications, acknowledged its obligation to compensate the plaintiff in the amount of $175,000,” her lawsuit claims.

At one point, McClintock Properties told Fisher “that a check had been mailed to her in the amount of $175,000,” according to Fisher, but it never materialized. So, she sued in Denver District Court on Feb. 16 for breach of contract and unjust enrichment.

Attorney Christopher Wisher with Wisher Law in Lakewood represents Fisher. He and his client declined to discuss the case this week.

Meanwhile, 1737-1739 Irving sold for $6.7 million in July 2022 — a few months after McClintock allegedly passed on it — to KGR Excel LLC. The buyer was represented by Zachary Bierman with Zakhem Real Estate, the seller by Bill Reilly with SVN Denver.

1737

17th + Irving is a 10-unit, 13,000-square-foot townhouse development in the West Colfax neighborhood. (Google Maps)

The failed sale of a $7 million townhome building near Sloan’s Lake is a source of litigation.

Erin Fisher, a real estate agent in North Carolina, said that she represented a California company called McClintock Properties in early 2022. McClintock was in the market for a property in Colorado and decided to buy 1737-1739 Irving St., Fisher said.

That address is home to 17th + Irving, a 10-unit, 13,000-square-foot townhouse building with rooftop views of the mountains and Empower Field at Mile High, according to listings.

Fisher said that McClintock agreed to buy it for $7 million in February 2022, which would mean a $175,000 commission for her. Instead, McClintock reneged on its purchase agreement “without cause” and never paid the commission, according to its former agent.

McClintock Properties did not return BusinessDen’s phone calls seeking comment. Fisher said that she has had better luck contacting the real estate firm in recent months.

“The defendant, through phone, email and text communications, acknowledged its obligation to compensate the plaintiff in the amount of $175,000,” her lawsuit claims.

At one point, McClintock Properties told Fisher “that a check had been mailed to her in the amount of $175,000,” according to Fisher, but it never materialized. So, she sued in Denver District Court on Feb. 16 for breach of contract and unjust enrichment.

Attorney Christopher Wisher with Wisher Law in Lakewood represents Fisher. He and his client declined to discuss the case this week.

Meanwhile, 1737-1739 Irving sold for $6.7 million in July 2022 — a few months after McClintock allegedly passed on it — to KGR Excel LLC. The buyer was represented by Zachary Bierman with Zakhem Real Estate, the seller by Bill Reilly with SVN Denver.

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