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Old 09-15-2009, 01:49 PM
 
11 posts, read 38,863 times
Reputation: 10

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Hi everyone,

I arranged for an attorney to represent me on a house deal in New Jersey for a flat fee of $1000. We never got out of attorney review due to the discovery of an underground oil tank. The attorney did not flag this as a potential liability- I canceled the deal after researching the risk. He wants to charge me $750. He did not do he title search etc, only initial contract and a few calls. Didn't say "boo" regarding the tank issue. Does this seem right? Or am I lucky he's not charging the entire flat fee? Much obliged for any information.
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Old 09-15-2009, 01:53 PM
 
861 posts, read 2,718,673 times
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Quote:
Originally Posted by KayK View Post
Hi everyone,

I arranged for an attorney to represent me on a house deal in New Jersey for a flat fee of $1000. We never got out of attorney review due to the discovery of an underground oil tank. The attorney did not flag this as a potential liability- I canceled the deal after researching the risk. He wants to charge me $750. He did not do he title search etc, only initial contract and a few calls. Didn't say "boo" regarding the tank issue. Does this seem right? Or am I lucky he's not charging the entire flat fee? Much obliged for any information.
Regardless of what happened with your house, yes, the attorney is going to charge you work he did, and the time he spent doing it. It can be fairly time consuming to draw up a contract, and we all know attorneys love to charge for phone calls....
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Old 09-15-2009, 02:05 PM
 
11 posts, read 38,863 times
Reputation: 10
He just added three amendments I sent him. The realtor drew up the contract. I was thinking it should be half price, $500, since the work was not too involved. Is it worth trying to negotiate the fee down or is that fee customary? $750 seems steep since the deal was killed early. Am I lucky he didn't hit me with the $1000?
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Old 09-15-2009, 02:10 PM
 
1,235 posts, read 3,955,085 times
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Yeah, as the buyers attorney, the point that you canceled the deal eliminated quite a bit of the work. I'm assuming you used a standard contract from your realtor and he just wrote a letter to the other attorney with the amendments.

I would try to negotiate down to $500. I think that would be fair.
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Old 09-15-2009, 02:14 PM
 
391 posts, read 1,476,749 times
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are you planning on buying another house?
if so, i think it's kind of short sighted of the attorney to charge you so much for a deal that fell through so quickly, and risk you not using him/her again.
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Old 09-15-2009, 02:15 PM
 
Location: Forest Hills
555 posts, read 1,654,371 times
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Tell him if he can't come up with something more reasonable you'll simply use a different attorney on your next offer which I'm guessing isn't far off if this one fell through. Frankly, all they're doing is forwarding standard forms. From what I've heard, most of it (minus the phone calls) is done by the secretaries. How lawyers got themselves ingrained in this process I'll never understand!
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Old 09-16-2009, 07:02 AM
 
1,308 posts, read 4,621,229 times
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Let him know you are still looking to buy and if he is interested in representing you then he should negotiate.
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Old 09-16-2009, 09:19 AM
 
95 posts, read 528,184 times
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My first deal fell through as well even before we got out of attorney review. My attorney just said come back when you find another house. I did. Two days before the closing I was perusing through my HUD and notices rather high attorney fees. I called her up. She said that $500 (I arranged for $950) was for the deal that fell through. I said that I wasn't happy to learn about it right now especially that there isn't any sort of a retainer that would mention this, so she dropped it to $250. As others said, tell him that you would come back and see if he drops it to a reasonable amount.

Also, ask if he would serve as a closing agent. They love to charge exuberant fees for that. In my case $600 for recording the mtg and deed that city clerk charged a total of $60 for. A title company would normally charge in $300~$400 range.

Good luck!
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Old 09-16-2009, 09:26 AM
 
Location: NJ
31,771 posts, read 40,711,393 times
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if there was a lot of additional work needed, would he expect you to pay more than the flat fee?

that being said, may as well try to negotiate it down. no sense in pissing off a customer when you didnt really have to do the work.
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Old 09-16-2009, 09:31 AM
 
Location: Sunshine N'Blue Skies
13,321 posts, read 22,669,821 times
Reputation: 11696
My attorney did not charge me for the deal that fell through. He charged me the regular amount for when the home finally did close. He is a gem though........a wonderful gem to have found in PA.
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