Legal Question in Business Law in Washington
I was looking at leasing a building for a new business. The owner started working with his attorney to write up a lease. Things changed and I found a different building to lease. We never talked about splitting the attorney costs. I assumed we would pay our own attorney fees.
Am I obligated to help pay his attorney fees for generating a lease?
1 Answer from Attorneys
Probably not, but it depends. Sometimes, parties who are contemplating entering into complex negotiations may sign a memorandum of understanding dealing with such things as the legal fees generated in negotiating a commercial lease. They do this precisely to deal with what happens if such a negotiation falls apart.
If there is nothing in writing dealing with this type of scenario, then I would say you are probably not liable to the owner for what he invested in his attorney fees to draft the lease. If he makes a formal written demand for a share of the fees, you may want to hire counsel to consult with you in detail and write a response outlining your defenses to any allegations that you are somehow responsible for any of the owner's legal fees.