That will depend if you use a processing agreement. Technically they would owe the fees and you are not obligated to waive them. But without a processing agreement you may not have any documented means of collecting the fees. This is why we use a processing agreement and also collect those fees up front.
If you push the issue he could decide to go ahead and close the loan and then rescind. If that happens then you are obligated to refund ALL fees paid by him in relation to the transaction.
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.