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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 36962
Experience:  Texas Attorney for 30 years dealing in real estate
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Texas (Brazoria County) - Can General Contractor put lien on

Customer Question

Texas (Brazoria County) - Can General Contractor put lien on your property without written or sign contract, had to let him go for doing work promise and let a big mess? Amount asked for work to be done was $4,00O paid him $,3000 in cash
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Ray replied 9 months ago.

Hi and welcome to JA. Ray here to help you today.

Yes a contractor can place a mechanic and materialmen's lien called an Ma and M lien her eon your property.

You would need a lawyer here to sue to remove it and clear title to your property.

I am sure that this has been very frustrating for you but trust me it is not uncommon.There are two kinds here, either constitutional or statutory.Contractor can assert either one.

Here is good simple explanation of the subject.

http://www.peopleslawyer.net/2009consumer-law-basics/presentations/DavidTiede-paper.pdf

Law for reference.

http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.53.htm

You have a couple of options here, pay them getting a release and then suing in small claims up to the limits or paying lawyer here to sue for quiet title and have lien discharged and seek damages and legal fees as well.

Expert:  Ray replied 9 months ago.

You can get to talk to a local lawyer face to face through our state bar and get fees, information, etc and then decide which way to go.Here it is.

https://www.texasbar.com/AM/Template.cfm?Section=Lawyer_Referral_Service_LRIS_

It is unfortunately very easy for a contractor to file a lien on your property here in Texas as you can see from the law above.

Expert:  Ray replied 9 months ago.

Texas law on oral contracts..

http://www.nacollawfirmblog.com/business-transactions/verbal-contracts-and-texas-law

I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.

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