Does a home seller have to pay for their own lawyer if the home buyer backs out of the deal or will the realtor front their legal fees?
- Glenn SLv 73 months agoBest Answer
Generally the "liquidate damage clause" in the purchase contract would cover such matters and the case would be heard in small claims court that doesn't allow lawyers. Other wise the seller would be responsible for attorney fees, not the Realtor. Today most purchase contracts have a "mandatory arbitration clause" that keeps parties out of courts, other than small claims.
While it would be the sellers responsibility (not the Realtor) to pay for an attorney in a legal dispute between a Seller and Buyer the purchase contract will probably have "legal and attorney fees clause" that provides in a law suit the prevailing party in the lawsuit could collect legal and attorney fees from the losing party.
- curtisports2Lv 73 months ago
The listing broker won't pay your legal fees. Sellers are foolish if they don't retain their own lawyer to review and approve the purchase agreement and represent them in the transaction through the closing.
- EvaLv 73 months ago
Realtor will not front the fees. The seller is entitled to the earnest money the buyer put down.
- Beverly SLv 73 months ago
The realtor won't pay any fees incurred by the seller/buyer. However, if the sale doesn't happen there's normally not any lawyer fees, unless you hired one. Normally the lender uses an atty. from the title company & fees aren't charged until closing.Source(s): Mortgage lender 33 years.
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- JudyLv 73 months ago
The seller would have to pay it, the realtor won't front it.
- realtor.sailorLv 73 months ago
The seller pays his legal fees but if he prevails in a court action then he is usually awarded legal fees.
- Casey YLv 73 months ago
Realtor will not front legal fees, doesn't happen.
- sunshine_melLv 73 months ago
Generally and unless agreed in advance otherwise, the seller remains responsible for any legal fees they have incurred
- Anonymous3 months ago
Your realtor is not your banker other than the ernest money the other side has put down. You want to purse collecting damages, you will need to hire an attorney.
- 3 months ago
A lawyer will not be needed if it is a clear cut case of a buyer breaking the contract. Seller keeps the deposit.
But you need to know why the buyer backed out. Read the contract. There may be contingencies that allowed him to.