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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 116754
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I have been asked to pay by builder, like cabinets, light

Customer Question

I have been asked to pay for materials by builder, like cabinets, light fixtures, deck, and other things, can I place a lieu on this property o make sure it finished?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year 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.

Are you the owner of the property and you paying for materials is part of your contract for repairs to the property?

Customer: replied 1 year ago.
No, building a new home.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

I understand that it is a new home now, but are you the owner of the home? Also does your contract state it is labor plus materials?

Customer: replied 1 year ago.
I have contracted to buy this new home from a builder, now that is started I have been asked to pay for atems.
Customer: replied 1 year ago.
Can I get ab answer, yes or no??
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

I am afraid you are misunderstanding how the law works. A lawyer cannot give you a yes or no answer without knowing all of the facts because a slight change in your facts can change the whole answer dramatically. This is why we are asking you the questions above and we are not doing so just to torture you or avoid answering you. If you would provide the necessary information (such as what the contract specifically states, then we could answer you).

However, as you want the short answer, the short answer is you cannot be made to pay for anything that the contract does not specify you have to pay for or that is included in the contract price. So if the contract does not say you have to provide materials and pay for materials separately then NO you do not have to pay for them. If you do pay for them, you can ask for a lien on the property if the builder still owns the property (this is why I asked who owns the property), but if you already own the property you cannot place a lien.

So as you see the information you were asked does have a bearing on the answer.

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