Legal Question in Civil Litigation in North Carolina

If my husband and I used a real estate attorney to "Close" on a house, paperwork was signed, monies were transferred, and then the next day, the attorney calls and says that his collegue that did the paperwork (and went over it all with us at closing) misunderstood him when he told her what fee to charge for his services, on the paperwork.... and now we, his clients owe him more money because of THEIR misunderstanding.

Do we really owe him this money, when they are the ones that made the mistake ?... if it was a mistake ? (on the contract, the line for consultation and prep, it says $125 and on the line for attorneys fees, it says $500)


Asked on 11/07/11, 2:21 am

1 Answer from Attorneys

Jeff Rosner Rosner Law Firm P.A.

Okay - my answer is just based on the facts that you gave and without hearing the attorney's side.

First, it is always best if an attorney and client have some type of agreement beforehand as to what the costs are. If there is nothing in writing that you signed indicating you would pay more, then it is going to be extremely difficult for an attorney to charge you any more and I don't think he/she would have any legal recourse.

Second - I happen to be a closing attorney so it may depend on the area where you closed but most of the fees I see for a purchase would be $500-$600 so anything over would really need to be justified - for instance, was there extra work that was involved? Again though, even if there was extra work, if there is no agreement, the attorney would have a pretty big hurdle to collect.

Also the attorney should not be able to threaten not to pay costs if you don't pay him/her, but I would check to make sure your title insurance policy was paid and you get a copy, your homeowner's insurance was paid, real estate taxes were paid, etc. and that all of the Seller's liens were satisfied.

Feel free to contact me if you want to discuss further.

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Answered on 11/07/11, 2:12 pm


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