Liberty trustees, businessman resolve financial dispute

By John W. Goodwin Jr.

The Realtor was ultimately paid the entire 5 percent commission.

LIBERTY — Township officials were able to sell a piece of property donated to Liberty several years ago, but that sale was the basis for a financial dispute between trustees and a local businessman.

Former township resident Raxit Shah donated a building and land on West Liberty Street to the township in 2005. Officials initially planned to use that parcel, minus the building, for a new fire station. Those plans eventually changed to include selling the property and using the proceeds to build a new fire station.

According to township Trustee Jodi Stoyak, trustees contracted with Realtor Alan Friedkin at Friedkin Realty LLC to sell the property with an asking price of $295,000. The initial contract between Friedkin and the township says he was to be paid a 5 percent commission upon sale of the property.

Stoyak said she reluctantly agreed to the hiring of Friedkin because of what she called a longtime relationship with a fellow trustee. After signing the contract, she said, her apprehension became greater because she did not think Friedkin was working in the best interest of the township.

Friedkin said he has been in the township for 30 years and has made many friends, including two of the trustees. Friedkin said he asked Trustee Gary Litch for an opportunity to broker the real estate deal because he has a vested interest in the township.

Victory Christian Center eventually offered the township about $200,000 for the property. That offer was rejected, and after several back-and- forth offers, the church offered the township $255,000 for the property.

All three trustees must sign off on any deal to sell property. Stoyak refused to agree to the $255,000 until what she said was a better deal for the township could be reached. She asked that the sale price include any and all fees, and, as an addendum to the original contract, Friedkin’s commission be lowered to 2.5 percent and be included in the sale price.

Trustees all agreed to the new arrangement and the property was sold for $263,937.

Shortly after sale of the property, Friedkin presented trustees with a bill for $6,000 — an amount representing the additional 2.5 percent of his commission. Friedkin, accompanied by his attorney Marty Yavorcik, said he never agreed to the lowered commission.

Township Administrator Pat Ungaro said he remembers striking the new deal. He said Friedkin agreed to the new terms, but did not sign the addendum passed by trustees.

“I sat down with Alan Friedkin and the pastor of the church and made it clear that this $263,000 would include all closing costs and the real estate commission. He reluctantly agreed to this and he did not protest it when I talked to the pastor,” said Ungaro.

Trustees took the matter to Solicitor Mark Finamore, who met with trustees in executive session Wednesday. Stoyak refused to attend the executive session, saying her fellow trustees would likely agree to pay Friedkin — whom she said was going back on his word and demanding more money from the township.

Finamore told trustees that Friedkin was legally entitled to the additional funds because he did not sign off on any new agreement. He said the church essentially paid half of the commission and the township would have to pay the remaining half.

Trustees Litch and Jack Simon told Friedkin he would be able to pick up a check for the remaining amount today.