What is a fair and customary charge for a lawyer forcing the sale of a house from a joint deed?
Is it customary for the lawyer to receive one-third of the monetary sale of the one partners’ half plus reimburse any out-of-pocket costs?
Tags: charge, customary, deed, fair, forcing, from, house, joint, Lawyer, sale
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It’s worth whatever you agreed to.
This is what I call a sticky situation. In my opinion “NO”
However, Attorneys run in tight circles and love to set their own prices and can do so if the other attorneys in that area charge similar to what they charge. It is called a monopoly. And they love the game.
I would object to the fee’s being charged in the forced sale. But not be hopeful.
Lawyers don’t force the sale of a home.
They file the paperwork in court, and the judge makes that decision.
They charge whatever fee they charge per hour…times how many hours they spend working on the case.
However, the figure that you are speaking of…for it to be tied into the home’s value…is FREAKING INSANE.
Sounds like someone is about to get ripped off.
$5,000 max. It is a court action called a Partition. Not difficult. You are asking the judge to order the property to be sold. That often works to bring the other “owner” to the bargaining table.
The judge will hire a realty agent. The judge will hire an appraiser. The judge will sign the purchase contract. The judge will give you 1/2 of the proceeds.
Not much for your lawyer to do. i would go for someone who just graduated from law school and needs work. $2,500 should be enuf.