Is a buyer obligated to pay attorney fees to a buyer even though the buyer has not paid the fees?

California, United States of America


The following excerpt is from Nightingale v. Hyundai Motor America, 29 Cal.App.4th 1332, 35 Cal.Rptr.2d 132 (Cal. App. 1994):

4 Attorney fees may be incurred by a buyer even though the fees have not been paid. The question is whether the buyer has incurred an obligation to pay the fees. " '[I]ncurred' means 'to become liable for' as distinguished from actually 'pay for.' " (Board of Education v. Commission on Professional Competence (1980) 102 Cal.App.3d 555, 563, 162 Cal.Rptr. 590.)

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