Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

Under what circumstances can a contractor put a mechanic's

Customer Question
under what circumstances can a...
under what circumstances can a contractor put a mechanic's lien against a property? we hired a contractor but fired him after he failed to meet our deadline. however, we have the only signed copy of the contract, so can he still put a lien against our
property? what happens if he does put a lien against our property? do we go to court? and if the judge finds in our favor and he still does not remove the lien, what happens? we are on a tight completion schedule with the property as it's a rehab/resale and
cannot afford to have this tied up.
Submitted: 2 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 13 minutes by:
6/16/2015
Real Estate Lawyer: Lucy, Esq., Lawyer replied 2 years ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 30,601
Experience: JA Mentor
Verified
Hi,
I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.
Unless the contract says "Time is if the essence," a homeowner unfortunately does not have a right to cancel a contract and refuse payment just because the work is not completed on time. You're required to give him a reasonable time to finish the job. Otherwise, you're in breach of the contract.
A contract is allowed to place a lien whenever he is owed money for work performed or materials purchased, if it's more than $500. If he places the lien, he can either leave it there until you want to sell the property, at which point you'd have to pay him, or he could sue to foreclose the lien, which would mean the property could be sold out from under you - even if you aren't past due on your mortgage.
If the judge finds in your favor, he would be required to remove the lien or he's in contempt of court and he could be sued for damages.
One way to avoid a problem with the property being tied up is to pay the contractor, write "under protest" on the check, and then sue for a refund. But the judge could find in the contractor's favor if you didn't give him a chance to finish the job (even if he missed the deadline).
If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.
Ask Your Own Real Estate Law Question
Customer reply replied 2 years ago
theoretically, the contractor does not have a contract. what is to prevent us from saying he was just doing work for us, we found his work dissatisfactory and let him go?
Real Estate Lawyer: Lucy, Esq., Lawyer replied 2 years ago
The Rules of Civil Procedure allow him to Request that you produce the contract. A person who fails to produce evidence could be held in contempt of court.
Providing a false statement in court documents or lying in court is governed by perjury laws.
Ask Your Own Real Estate Law Question
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 30,601
30,601 Satisfied Customers
Experience: JA Mentor

Lucy, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

10,826 satisfied customers

16 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,657 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,367 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,899 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
As a Licensed contractor in kalamazoo michigan do i need to
As a Licensed contractor in kalamazoo michigan do i need to file a permit to remove and replace the roof of a residential home?… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,524 satisfied customers
New house. Water damage in basement. Developer refuses to
New house. Water damage in basement. Developer refuses to pay damages. Property in NH … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Can the treasury of our homeowners association invest some
Can the treasury of our homeowners association invest some of the money that the association has in CD'S or any other type of investment? … read more
socrateaser
socrateaser
1,031 satisfied customers
I live in and the community is in a homeowners association.
Good morning. I live in Virginia and the community is in a homeowners association. … read more
Lucy, Esq.
Lucy, Esq.
Lawyer
30,601 satisfied customers
How many homeowners does it take for a community of 361
How many homeowners does it take for a community of 361 homes does it take to abolish an HOA for that specific area … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,524 satisfied customers
What the heck - is it possible for a homeowner to introduce
What the heck - is it possible for a homeowner to introduce a resolution at an annual meeting. Assume that there is a quorum present and the bylaws allow for a > 50% of votes represented. Can that … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
When the homeowners take over the COA from the developer are
When the homeowners take over the COA from the developer are they now responsible for all past taxes on community property, snow removal, plumbers, lift station, well, etc? … read more
Michael Bradley
Michael Bradley
JD
1,131 satisfied customers
I entered into a contract with a contractor to have an
I entered into a contract with a contractor to have an outdoor kitchen built. Three months have gone by and the contractor has answered only one or two emails -- just enough to give me an excuse. How … read more
Thomas Swartz
Thomas Swartz
Attorney
Juris Doctor
2,838 satisfied customers
We have homeowner filed complaint with DFEH in California
We have homeowner filed complaint with DFEH in California about discriminatory rules then that homeowner became Board member, the Board made exclusive executive session only for that matter (the compl… read more
Damien Bosco
Damien Bosco
2,998 satisfied customers
The statue of limitations for a bank to sue a homeowner on a
The statue of limitations for a bank to sue a homeowner on a mortgage loan is 6 years in NY, but when does the 6 years start?Thanks so much… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
A homeowner in our association, is requesting contact
A homeowner in our association, is requesting contact information for our board and all contact information for the rest of the homeowners in our association. This sounds illegal, is it? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
Missouri homeowner files damage claim with insurance
Missouri homeowner files damage claim with insurance company, and, receives $150,000. Insurance check is written jointly to homeowner & servicer; signed by homeowner and sent to servicer for deposit. … read more
LegalGems
LegalGems
Juris Doctorate
10,212 satisfied customers
I called my homeowners insurance company because when we
Hi. I called my homeowners insurance company because when we were boarding up our windows in prep for hurricane irma, we noticed that the wood around one area was weak and possibly water had been leak… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have a homeowner that is going to sign a promissory note
I have a homeowner that is going to sign a promissory note for about $25000 for remodeling a home that is now up for sale. As a general contractor do I need a promissory note secured by a deed and tru… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,967 satisfied customers
A supposed homeowners association and the new builders that
A supposed homeowners association and the new builders that bought 5 lots went into an agreement to maintain a private road. Since they own the road the Parrish won't help and soon garbage mail or any… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,899 satisfied customers
What is the liability to a homeowners association for
What is the liability to a homeowners association for property that was dedicated to them? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
I used my homeowners insurance for damages that fell into 3
I used my homeowners insurance for damages that fell into 3 event years in a row. I was kicked out of insurance. Had to buy through the State Reinsurance plan in Rhode Island. Rate doubled. Now, a yea… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Does homeowners insurance cover old roof fire damage? I was
does homeowners insurance cover old roof fire damage? I was tearing off my old roof to install new roof, I discovered my home I bought 5 years ago has old fire damage. san diego, ca./ usaa insurance R… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x