Maggio v. DDTM Realty, LLC

── Maggio v. DDTM Realty, LLC ── Court: Superior Court of Delaware Date: April 29, 2026 Category: General IN THE SUPERIOR COURT OF THE STATE OF DELAWARE JOE MAGGIO and TWOFORONE, ) LLC d/b/a JOE MAGGIO REALTY, ) Plaintiffs, and ) C.A. No. S23C-08-029 RHR ) DE BEACHES REGIONAL ) REALTY, LLC, ) Intervening Plaintiff, ) ) v. ) ) DDTM REALTY, LLC d/b/a ) KELLER WILLIAMS REALTY, ) MATTHEW FETICK, and FUTURE ) SELF HOLDINGS, LLC, ) Defendants. ) Submitted: October 1, 2025 Decided: April 29, 2026 MEMORANDUM OPINION Upon Consideration of Defendants Matthew Fetick and Future Self Holdings, LLC’s Motion for Judgment on the Pleadings, GRANTED in part and DENIED in part, Defendants Matthew Fetick and Future Self Holdings, LLC’s Motion to Dismiss DE Beaches Regional Realty, LLC’s First Amended Complaint in Intervention, STAYED, and DDTM Realty, LLC’s Motion for Leave to Amend its First Amended Answer to Add Crossclaims and Counterclaims, GRANTED in part and STAYED in part. Angelica M. Mamani, Esq., HUDSON, JONES, JAYWORK & FISHER, LLC, Dover, Delaware, Attorney for Plaintiffs Joe Maggio and TWOFORONE, LLC d/b/a Joe Maggio Realty. Neil R. Lapinski, Esq., Geoffery A. Boyleston, Esq., Phillip Giordano, Esq., and Madeline R. Silverman, Esq., GORDON, FOURNARIS & MAMMARELLA, P.A., Wilmington, Delaware, and John Eastlack, Esq., and Emily Palladinetti, Esq., LAULETTA BIRNBAUM, LLC, Sewell, New Jersey, Attorneys for Defendant DDTM Realty, LLC d/b/a Keller Williams Realty and Intervening Plaintiff DE Beaches Regional Realty, LLC. Andrew H. Lippstone, Esq., LIPPSTONE LAW, LLC, New Castle, Delaware, Attorney for Defendants Matthew Fetick and Future Self Holdings, LLC. Robinson, J. 2  BACKGROUND Joe Maggio, a licensed real estate broker in the Rehoboth Beach, Delaware area, wanted to wind down his business and lessen his management responsibilities to prepare for retirement. In 2019, he engaged in discussions with Matthew Fetick, another real estate broker, and the two reached an agreement dated March 17, 2020 (the “Agreement”) whereby Maggio would transfer ownership and management of his realty company, TWOFORONE, LLC d/b/a Joe Maggio Realty (“TFO”) to DDTM Realty, LLC (“DDTM”), an entity controlled by Fetick. DDTM operated as a franchisee of Keller Williams Realty, Inc. (“KWRI”), an international real estate brokerage. Under the Agreement, Maggio would continue to work for DDTM. He would also receive an initial cash payment and would continue to receive a percentage of the net profit from DDTM for five years. DDTM would assume certain liabilities of Maggio’s business, including the office’s lease and a fit-out loan. The arrangement did not go as Maggio intended. Maggio alleges that Fetick restructured DDTM to substantially reduce the compensation Maggio anticipated receiving under the Agreement. For example, he was to receive his first profit share distribution in January 2021, but he received nothing. Maggio claims that, as of the filing of his amended complaint, the only compensation he had received was a commission payment of $691.72. He also avers that the fit-out loan is still in his name. Maggio alleges that although DDTM had several successful years between 3 2020 and 2023 the business has no money because Fetick shifted assets from DDTM to Future Self Holdings, LLC (“FSH”)—an entity jointly owned by Fetick and David Williams—to avoid debts and obligations, including those owed to Maggio. At some point, FSH became the sole owner of DDTM. Maggio and TFO filed a bare-bones initial complaint on August 22, 2