LEO: Fees - Disclosure - Real Estate: Improper  LE Op. 1148


Fees - Disclosure - Real Estate: Improper Charges to Seller by

Purchaser's Attorney.


October 18, 1988


You advised you were retained by a purchaser to do the settlement for a

residential real estate transaction. You were contacted by the seller's

attorney, who requested that documents be forwarded to him for execution

in his office rather than your office; however, there appears to be no

other communication prior to settlement with the seller or his attorney.

Based upon those facts it appears there was no prior agreement for the

charge of legal fees to the seller by your firm.


Disciplinary Rule 2-105 [ DR:2-105] would prohibit charging the seller

a fee without a prior agreement or forewarning of the imposition of fees.

Additionally, please refer to LE Op. 425, LE Op. 922, LE Op. 878 and

LE Op. 911.


Committee Opinion October 18, 1988