MO Lawyers Blog

Carmody MacDonald has been sued in St. Louis County Circuit Court for allegedly failing to disclose a potential conflict of interest and miscalculating potential damage expenses prior to a settlement.

Background on the underlying suit: In 2006, Cynthia Mesker was living in Florida and working with upscale real estate agent Janet McAfee to purchase a home in Ladue. Her offer of $1.99 million for 17 Pine Valley was accepted in December 2006. Mesker had to back out of the purchase, however, because she ended up not being able to leave Florida, according to her petition.

The home sold to another buyer for $1.85 million. The original owners apparently were set on the $1.99 million price tag though, and sued Mesker for the $140,000 difference of the offers, plus attorney fees.

Carmody MacDonald represented Mesker in the suit, which was ultimately settled. But now she claims the firm didn’t tell her it also represented McAfee, and that it should have. She also claims the firm miscalculated potential damage expenses when it advised her to settle with the owners.

Mesker is represented by James Leonard, of Devereaux, Stokes, Nolan, Fernandez & Leonard in Clayton. Leonard was not immediately available for comment. A receptionist at Carmody MacDonald referred a reporter to David Luce at the firm, but Luce was not immediately available, either.

The case is Cynthia Mesker v. Janet McAfee Inc. and Carmody MacDonald, 10SL-CC03348.