Legal Question in Real Estate Law in Florida

Mortgage Loan Contracts - What if they leave something out?

My boyfriend was trying to obtain a mortgage for a contruction loan to have a new house built. He signed a contract with a company, in which it stated he was to pay a brokerage fee of $2,500. That contract stated it would be valid for 90 days. They did not close on the loan until 5 months later. However, when they finally closed and he signed all the new contracts and paperwork, the brokerage fee was not included. Now that everything is signed...they are asking that he pay the $2,500 fee anyway. Can they MAKE him pay this fee even though it is not mentioned in any of the loan/mortgage contracts? Can they stop the loan now just because they forgot to include it?


Asked on 5/11/04, 3:50 pm

2 Answers from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Mortgage Loan Contracts - What if they leave something out?

If he agreed to pay, and he received the benefit then he should pay.

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Answered on 5/11/04, 5:29 pm
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Mortgage Loan Contracts - What if they leave something out?

I would need to read the contract to give you meaningful guidance on your question. The contract may contain language that if the purpose or benefit for which the contract was made is provided, then the fee is due regardless of when the deal closes. Even without that language, if the services were provided for the client's benefit, and the client accepted such benefit, the client should pay the fee. If not, the mortgage broker may have a a viable claim for beach of contract, unjust enrichment and other causes of action.

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Answered on 5/11/04, 6:37 pm


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