if you quote $900 for a 10% bucket fee and then it ends up only being $500, you can't use the "extra" $400 for comparison purposes.
Justin I read the link you provided and I think you may have misquoted.
If I disclose $1500 for title services fees and all fees within that disclosure are charged but only come in at $1200 then $1500 is my tolerance baseline.
If however I disclose $1500 for title services fees and within that disclosure is $500 for a survey but the survey is not performed then my tolerance baseline is reduced to $1,000 (I can't use a service not performed to set my tolerance baseline) and the $1200 fee would put me over tolerance.
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.