Legal Question in Real Estate Law in Wisconsin
Real Estate Offer to Purchase Drafting Fee
We wrote an offer to purchase a property with the selling parties attorney. The attorney wanted us to close with him too, we decided not to at the last minute and when the HUD statement arrived, he charged us a fee for drafting the offer. This was never disclosed to us as we would have had our bank draft the offer free of charge. Is this legal as it was never disclosed to us up front? Can we sue him in Small Claims for it? ( We paid it during closing or we could not close that day and would have lost our interest rate.)
Thank you!
1 Answer from Attorneys
Real Estate Offer to Purchase Drafting Fee
Wisconsin generally recognizes a doctrine of waiver in most circumstances where one pays a debt to which one objects. This is generally true even if circumstances tend to compel payment in order to avoid losing a benefit such as a locked mortgage rate at a real estate closing. In order to avoid confusion, one should always discuss anticipated fees at the beginning of any relationship with any professional, whether that professional is an attorney, a banker or a broker.
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