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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111526
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Typing my question now... bought home 3 weeks ago...3 days

Customer Question

Typing my question now... bought home 3 weeks ago...3 days after moving in, construction workers arrived next door... basement wall had collapsed on the home many months before...they asked to use my water, said they'd compensate me.. I said ok... 2 weeks later, said needed to use part of my side yard, but again just a couple feet n they'd compensate and level ground..now they are finishing, my yard on the side is a mud pit.. they have offered 100 dollars and to level ground, leave grass and hay for spring..good deal, or put lien on the home to get more?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Ohio
JA: Has any paperwork been filed?
Customer: None yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not at the moment
Submitted: 8 days ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 8 days ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
In order to know if it is a good deal, you need to check the cost of fixing the yard based on the damage they did. The $100 is generally okay for the use of the water, but you need to have a professional come out and examine the damage to give you an estimate and you need to make them put in writing exactly what the cost to repair will be. Then you need to go to the construction workers/neighbor and make them agree in writing to make the repairs your expert said would be required.
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Customer: replied 8 days ago.
If they do not repair or follow thru, what are my options? A real estate agent I know said a mechanics lein can be brought against the contractor and bank that owns the house
Customer: replied 8 days ago.
I will not pay any more money, I just want follow up
Customer: replied 8 days ago.
HELLO???
Expert:  Law Educator, Esq. replied 8 days ago.
Thank you for your reply. Please understand we are working with multiple customers at one time and they all deserve the same time you deserve. I thank you for your patience.
A mechanic's lien cannot be brought against the contractor. A mechanic's lien can be brought against the property itself but not for this reason, it can be brought only if you did work on the property, so the realtor misunderstood mechanic's liens. You would have to sue the contractor and bank and obtain a judgment against them for the costs of repair and then you can place a judgment lien against the property.

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