Flat Fee Real Estate Transactions
Clients who are buying or selling property have the option of hiring our office on an hourly basis or may take advantage of a flat fee. To assist clients in assessing how much to budget for an attorney’s advice in their real estate transactions, there are several different flat fee options. Flat fees must be paid in advance.
The different levels of typical representation in a residential purchase or sale of real property are summarized below as A, B, and C. Included with each is an initial attorney-client in office consultation and document review, the attorney’s general advice regarding the client’s transaction, and communication with the other professionals involved with the client’s transaction.
The client benefits from an attorney's advice from the first offer through counteroffer(s) and acceptance of a contract (real estate purchase and sale agreement) and through closing of a transaction. The attorney can draft of addenda and submit escrow instructions to protect the client's interests in a real estate transaction.
A - “Basic Contract Review”
For Buyers or Sellers, the attorney will review and advise you regarding the listing agreement, offers, counter-offers, all terms of the agreement, including special terms.
B - “Extra Review”
Usually for Buyers only, B includes A, plus review and attorney advice regarding all CC&Rs (Conditions, Covenants & Restrictions), preliminary title commitment and attachments, inspection report, and survey (if available).
C - “The Complete Transaction”
For Buyers and Sellers, includes A and B, plus the attorney will draft escrow instructions, review all escrow instructions and closing documents prior to closing, and you will have the option of signing at our office, provided cooperation can be obtained from escrow.
Flat Fee LLC Formation:
There is a lot of interest in and benefit to forming LLCs for holding investment properties. If the members of the LLC are made up of more than a husband and wife, then having an operating agreement is strongly recommend. Our flat fees for the formation of LLCs include the filing fee with the Washington Secretary of State. Also included are the deeding and recording fees of one Washington property into the LLC, where the members' shares in the property remain proportionately the same.
Advance Fee Deposits
Advance fee deposits used to be known as and are still also referred to as “retainers.” For real estate matters other than transactions, we require advance fee deposits to be paid into our trust account before engaging in or undertaking any work on a client’s behalf.
The funds of an advance fee deposit are held in our trust account, and are paid to us on a monthly basis after hourly fees and applicable costs are incurred and after you receive your monthly billing.
Flat fees, advance fee deposits, and accounts statements may be paid by cash, check, or credit card.
Costs
Costs are the client’s responsibility in addition to the attorney’s fees, and include things such as postage, copies, filing fees, process service, messenger, faxing, expert witness fees, court reporters, appraisals, title reports, surveys, etc.