The seller lives in NY and was being represented by a NY attorney but the property was in LA, not listed and not on the MLS which is suspect.

My client's cash offer was submitted to the attorney with instructions that they would pay $50k over any other offer. We agreed to pay the attorney fee if it was disclosed on the HUD. The buyer disclosed to nieghbors that he purchased the property with a loan and paid the $50k to the attorney for $425k.

The attorney had a duty to present the highest best offer to the lender!

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Comment by Jeff Payne on October 30, 2012 at 2:04pm

Stephen, I am confused!  That is easy to do :)

You made an offer that was open ended for 50K over the other offer?  Which offer did the seller accept?  The attorney would have a duty to protect his seller and does not have a duty to the lender unless the lender hired the attorney.

The seller is who makes the decision, not the attorney.   Not enough info here to make any sense of it


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