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Legalease
Legalease, Lawyer
Category: Real Estate Law
Satisfied Customers: 14451
Experience:  13 years experience in RE Law, including LL/Tenant, contractor disputes, comm'l prop. issues
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I purchased a home in Naples, Fl and paid cash - no mortgage.

Customer Question

I purchased a home in Naples, Fl and paid cash - no mortgage. The closing attorney insisted to the point of refusing to do the closing, unless I paid for owners title insurance. I understand why mortgage lenders require the coverage, but not the lawyer. He has a malpractice policy and I pay a fee for his services which I assume includes part of that premium. I would assume that the demand for an owners policy is simpely a method to increase his fee without showing so on his statement. I am aware of the fact that he recieves a portion of the owners policy fee (usually 50%) for writing the policy. Is the refusal to do the closing without paying for an owners policy for a cash purchase ethical. (Incidentally, five (5) other firms also refused too, without an owners policy purchase.
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Legalease replied 11 months ago.

Hello there.

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I absolutely do not blame you and unless there is some indication of a problem in the title documents, there is no reason to purchase an Owner's policy. In fact, I advise people not to purchase them all the time. This is something new to me as well -- attorneys in that area must be getting so desperate for fee money that they are pulling this type of game at the moment. My suggestion is to keep calling around to find an attorney who will handle the closing without forcing an owners policy that you do not need on you. However, I do not know of anything that makes this practice unethical -- because as you know yourself, an attorney has pretty much the absolute power to accept or turn down work and unless there is a discriminatory reason behind the refusal to perform the work (race, age, etc) then the client really has no recourse on this matter. My suggestion is to make a "general" complaint to the Florida bar and let them know what is happening in their state -- while it will probably not get immediate action, it may put this matter on their radar screen to take a closer look at as a practice that they might want to start prohibiting.

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MARY

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Legalease, Lawyer
Category: Real Estate Law
Satisfied Customers: 14451
Experience: 13 years experience in RE Law, including LL/Tenant, contractor disputes, comm'l prop. issues
Legalease and other Real Estate Law Specialists are ready to help you
Customer: replied 11 months ago.


I rated the response. You should be getting paid. If not, please call me (XXX XXX-XXXX) as I must be doing somenting wrong with the response request. This is the 2nd request so it must be me, not you. Response was in line with what I had deductd, but was just irritated at what at least I believe was a lack of professional courtesy at the least.


 


E. W. Wallhausen

Expert:  Legalease replied 11 months ago.

Hello again -

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The payment went through without an issue. I do not understand why you would be getting a second request for payment for this question. If you do , please contact customer service regarding this issue.

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Thanks

MARY

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