Real Estate Firm Challenges Rival in Court; 'Exclusive Dealing' Resort Contract Called Unfair

The Washington Times (Washington, DC), February 27, 2007 | Go to article overview

Real Estate Firm Challenges Rival in Court; 'Exclusive Dealing' Resort Contract Called Unfair


Byline: Tom Ramstack, THE WASHINGTON TIMES

A lawsuit filed last week by a Virginia real estate company accuses Wintergreen Resort of unfair competition in selling homes and lots on its property in Nelson County.

Mountain Area Realty claims $6 million in damages resulting from a contract that gives preferential treatment to Wintergreen Resort's real estate partner, Roy Wheeler Realty Co.

The lawsuit in federal court in Alexandria tests the extent to which resorts can control real estate sales on their property with "exclusive dealing" contracts, which give favored status to a single company.

Central Virginia's Wintergreen Resort is a popular weekend destination for many Washington residents, who go to its mountains to ski, golf or seek outdoor adventures.

Mountain Area Realty, of Wintergreen, says homes on the 11,000-acre property might come with inflated sales commissions because of the lack of competition.

Several resorts in the Mid-Atlantic region, such as Whitetail Resort at Mercersburg, Pa., and Kingsmill Resort & Spa at Williamsburg, Va., use real estate firms to sell homes on their property.

Wintergreen Resort and Roy Wheeler Realty joined Sept. 1 to form Wintergreen Resort Premier Properties, which has the exclusive rights to advertise as the "official real estate company of Wintergreen Resort," operate an office on resort property and distribute marketing materials there. Other real estate firms can sell property at Wintergreen Resort, but not with the preferred treatment of Wintergreen Resort Premier Properties.

The exclusive dealing contract has given Wintergreen Resort Premier Properties a "dominant position" in the home sales market at the resort, driven out at least three competitors and left Mountain Area Realty with only a portion of the sales it normally would receive, Mountain Area Realty's attorney said.

Wintergreen Resort Premier Properties "is charging sellers 6 percent commissions," said Allen Foster, attorney for Mountain Area Realty. "Mountain Area Realty was charging 5 to 5 1/2 percent. So we know consumers are being harmed."

The lawsuit accuses Wintergreen Resort of violations under the 1890 Sherman Antitrust Act, the Virginia Antitrust Act and the Consumer Protection Act, as well as conspiracy and fraud.

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Real Estate Firm Challenges Rival in Court; 'Exclusive Dealing' Resort Contract Called Unfair
Settings

Settings

Typeface
Text size Smaller Larger
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.