I have also had some success with that argument.  After seeing one of your posts on this topic, I had a conflict with a client over a bill.  They ordered a commercial search, and had a note that we were to contact them if the price exceeded $200.  We told them that our standard commercial search fee started at $250, and the price depended on the work involved.  The search took about a week and it was very extensive.  They called several times to check the status and we kept telling them how complicated the search was and that we needed more time.  We billed about $1,000 and they refused to pay.

After a legthy discussion, I finally told them that if they did not want to pay our fee, they should just return the search with a letter that they did not plan to use it and acknowledging that we would have no liability for it.  Then, they would be free to order the search from someone else, but I didn't think they would find anyone to do it for less and it would take at least a week for anyone else to do it.

They had a closing deadline and didn't have time. I also pointed out that it was a small county and if another abstractor serached this property we would know.  If I saw a mortgage go on record and nobody else here did a new search for them, I would expect to be paid.

They paid the bill in full.  Interestingly, when the saw the search, they never even attempted to tell me that the bill was excessive, they just didn't like the amount.

Best,
Robert A. Franco
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