Home Selling in Newtown>Question Details

Linda, Home Seller in Ridgefield, CT

if a seller backs out, after initiating contracts, who pays buyers attorney, seller who initated the contract

Asked by Linda, Ridgefield, CT Wed Mar 11, 2009

In the contract it stated that $250 of the buyers binder would be held to pay the sellers attorney, if the buyer backed out; they did, and now my attorney (sellers) is billing me for $350 more, is this right? I have no written letter from my attorney stating fees, only a verbal, $600 for a closing. This would mean he would get paid $600 for NO closing? AND $600 more for another closing? He admitedly worked on the first one for only an hour.

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Since the buyers backed out, and the contract states $250 will be held for the sellers attorney, then it seems that the seller's attorney should receive the $250 and that should be a full and final payment for a failed transaction that required only one hour of the seller's attorney's time.

Who referred you to this seller's attorney? A fee of $600 seems unreasonable for one hour of work. If the seller attorney is saying that they charge $350 for one hours work, then the contract owes him the $250 and you pay the other $100. In the mean time, I would find another attorney and get their fees in writing. Please let me know who the seller attorney/law firm is so that I do not fall victim. Thanks in advance.
0 votes Thank Flag Link Mon Jun 28, 2010
Usually the attorney gets paid at the closing; although in this case it states that the $250 would be paid by the seller to the buyers' attorney if they backed out and that's all that should be paid to the buyers' attorney by the seller. You say that your attorney (the seller's attorney) is billing you for $350 more, and that he would get paid twice. Did you back out because you are no longer selling your house? If so, then your attorney has the right to bill you for something, although I wouldn't think the full amount of a closing. If you are still selling your home, then usually the attorney waits until the closing and he might charge you a little more since he worked on two deals, however I would recommend getting this in writing so you are clear at the closing.
Web Reference: http://www.ListedByJan.com
0 votes Thank Flag Link Thu Mar 12, 2009
It sounds like the buyer is only responsible for the first $250, since that is your contract with them. You will be responsible for anything further your attorney charges.
0 votes Thank Flag Link Wed Mar 11, 2009
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