We don't use such a disclaimer. However, I have used the argument when a client refused to pay us for a commercial search. It was a tough one and we billed about $1,200. The client said they "don't pay more than $200" for searches. I told them if they didn't want to pay for the search, that was fine, but it remained my property and they were not permitted to use it without payment.
I explained to them that with the complexity of the search, they weren't likely to find anyone to do it for $200. But, they were welcome to try. I explained that this was a small county and if I would know if someone were working on this search for a week. If they filed their deed and mortgage without obtaining a new search from someone else, I'd sue them for payment.
They didn't argue that the search was worth $1,200, they just said since we didn't get it approved before we did it they weren't going to pay more than $200. I explained that we don't know how much work is involved until we do the search and that our fee sheet clearly states that we charge extra for commercial work. It was a fair price and we expected to be paid.
In the end, they paid it in full.
Best,
Robert A. Franco
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