Legal Question in Real Estate Law in New York

My land sale failed because we could not satisfy the buyers lawyer regarding an existing oil and gas lease. Now my attorney is holding my abstract hostage demanding $450 before they will return it. We had no contract and I thought if the deal failed no one got paid. Is this legal?


Asked on 12/04/12, 11:01 am

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

I have rarely heard that any attorney has taken a real estate matter on a contingency-fee basis (if the matter does not close, he does not get paid). Over the years I have had a number of transactions not close, for one reason or another, and have always charged the client, even if a subsequent deal finally closed. I belive you will find most, if not all, attorneys would agree with me.

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Answered on 12/04/12, 11:22 am


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