How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask LegalGems Your Own Question
LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 22033
Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
63726236
Type Your Consumer Protection Law Question Here...
LegalGems is online now
A new question is answered every 9 seconds

I hired Premium Painters owner, Rizzo and his Manuel Paz the

This answer was rated:

I hired Premium Painters owner, David Rizzo and his Manuel Paz the supervisor of the job, to paint the interior of my home in Falls Church Va. Premium Painter did not complete the job according to the contrect I signed with them. We both, Mr, Rizzo and Mr. Paz and I agreed to attend an Arbitration board to settle the dispute. The Arbitration board ruled in my favor and I won the Award. Premium Painters had placed a lien on my home prior to the hearing by the FairClaims Arbitration board. My award stated that Premium Painter pay me $78 and removed the lien from my house. Premium Painters of Fairfax,Mr. Rizzo and Mr. Paz refused to pay me the $78 dollars and remove the lien from my home in Falls Church. I was in the process of selling my home in Virginia when I hired Premium painters. The job was to be completed in five days starting in Oct 2018. Im now unable to sell my home because of the lien that Premium Painters, Mr. Rizzo and Mr. Paz refuse to remove for my home even after I had won the Arbitration
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: no I have not.
JA: Have you talked to a VA lawyer about this?
Customer: No I have not. I live in Oakland Ca. and own the home in Va.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I am now paying a mortgage that I did not intend and unable to sell my home because of the lien they have placed on my home.
Customer: replied 9 months ago.
The FairClaims Final Decision was that Premium Painters, David Rizzo and Manuel have committed a Breach of Contract and a Tote by placing a Lien on my home, as I stated the lien is preventing me from selling my house in Falls Church Va. and causing me to pay a mortgage I had not intended to pay, causing me great harm. Can I Sue for breach of contract?

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

I am sorry to hear this; that would be frustrating after prevailing in arbitration.

First it is a class 5 felony to file an invalid lien with malicious intent.

Please see:

https://law.lis.virginia.gov/vacode/title18.2/chapter6/section18.2-213.2/

Second the lien holder can be sued for damages, those that are reasonably forseeable and proximately caused- so legal fees, loss in property value, additional incurred expenses, etc.

An attorney can send a demand letter requesting the removal of the lien and if this is refused the attorney can file for an injunction ordering the removal, and for actual damages as well.

Did you have any questions on the above or did I address this to your satisfaction?

Thank you for using JustAnswer.
Further questions please post here otherwise kindly rate
5 stars
*****
if you feel I have earned it.

All information is for educational purposes only and the terms and conditions of the site apply which prohibits the establishment of an attorney client relationship as this is a public forum and there is no attorney client confidentiality.
For personal legal advice please contact your county bar for a referral to a private attorney that will be able to review the specific facts of your case in detail and render a detailed opinion based on that after an attorney fee agreement and conflict of interest check is done.
Thank you.

Customer: replied 9 months ago.
Thanks for the reply. Do you make referrals of Attorneys? Thanks

You are welcome.

Unfortunately per the rules of the site we are not permitted to provide referrals.

Some popular online referral sources include

www.martindale.com

www.lawyers.com

https://www.americanbar.org/groups/legal_services/flh-home/flh-hire-a-lawyer/

I hope this helps!

LegalGems and 2 other Consumer Protection Law Specialists are ready to help you