Legal Question in Real Estate Law in New Jersey

Closing on a short sale. Never signed papers that would have allowed attorney to charge me if bank did not pay her entire fee. Can she legally hold my incentive to close check until I pay her what she is now asking for in compensation. Thank you much.

Asked on 7/25/13, 7:13 am

1 Answer from Attorneys

Keith Singer Keith A. Singer, Attorney At Law

I am not sure what an incentive to close check is, if you were the Seller in this short sale it is unlikely the bank will allow you to receive any money at closing. The papers you refer to and allege you never signed would have been a retainer agreement. Are you sure that you did not sign a retainer as all New Jersey Attorneys are require to have retainers signed by clients. It appears that the incentive to close check should be returned to the bank. There is additional information I would require so this cannot be relied upon as legal advice. Perhaps I can assist by contacting your attorney and negotiating a reasonable resolution for you. Please call my office to discuss further. Best regards, Keith Singer, Esq. 732-749-3700

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Answered on 7/25/13, 7:56 am

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