Do I have to pay a disposition, processing, and transactional fee to the listing agent of the home I am buying?

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Do I have to pay a disposition, processing, and transactional fee to the listing agent of the home I am buying?

I am purchasing a foreclosed home. The listing agent has sent me a form stating that I have to pay at settlement a $395.00 disposition, processing, and transactional cost associated with this purchase. In the event that the seller (Fannie Mae) does not allow this fee to be placed on the HUD I will be responsible for the fee at closing be personal check or money order within 1 business day of closing to the listing agent. Is this legal, why should I be responsible to pay the listing agent anything?

Asked on July 2, 2009 under Real Estate Law, Ohio

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

I think you need to talk to an attorney about this;  I think it's usually a good idea to have a lawyer representing you in any real estate transaction, because mistakes can be easy to make, and very expensive to fix.  One place to find a qualified lawyer is our website, http://attorneypages.com

If the fee isn't properly on the HUD-1, I would automatically have to question whether or not it's proper for the agent to charge it to you.  I can't answer the question because I don't have all of the facts of this transaction, starting with the wording of the form that was sent out.

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

I think you need to talk to an attorney about this;  I think it's usually a good idea to have a lawyer representing you in any real estate transaction, because mistakes can be easy to make, and very expensive to fix.  One place to find a qualified lawyer is our website, http://attorneypages.com

If the fee isn't properly on the HUD-1, I would automatically have to question whether or not it's proper for the agent to charge it to you.  I can't answer the question because I don't have all of the facts of this transaction, starting with the wording of the form that was sent out.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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