LEO: Real Estate — Buyer's Attorney Charging, LE Op. 922
Real Estate — Buyer's Attorney Charging Seller a Fee.
June 11, 1987
It is not improper for buyer's attorney to charge the seller for the release of deeds of trust on the property to be sold, providing the attorney forewarns the seller that such a charge can be made and the amount. The forewarning must be done in a manner as to enable the seller to avoid the charge for what is basically a ministerial duty. It is not unethical for buyer's attorney to charge seller for compliance with the new IRS requirements involving Form 1099. Again the charge is for a ministerial duty, and buyer's attorney has an absolute duty to forewarn the seller or counsel for seller in such time that seller may avoid such charge. [LE Op. 878 and LE Op. 911]
Committee Opinion June 11, 1987
See also LE Op. 1148, and LE Op. 1228
LEO: Real Estate - Buyer's Attorney Charging, LE Op. 922 (1987)