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Can they put a lien against my house?

Alameda, CA |

I bought a house which has some defects. I have a sales contract with the seller (now is the former owner) that they would clear all the defects for me. The work was performed after close of escrow. Now the former owner refused to pay and the constructor wants to place a lien against my property. I didn't sign any contracts or paperwork with the constructor and my sales contract clearly stated that the former owner is responsible for the payment. Can the constructor place a lien against my house in this case?

This constructor was hired by the former owner. And the former is the one who signed the paperwork with the constructor, not me. But now the constructor insists that the work was performed on my property thus they go after me,

Attorney Answers 3


  1. Best answer

    If the work was done by a licensed contractor, he can place a mechanic's lien on your property. You may have to sue the seller for breach of contract. The only way to remove the lien is to pay the contractor. You need to consult with an attorney to review the sales contract, mechanic's lien and possible lawsuit.

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  2. Yes, they can place a mechanic's lien against your house. Foreclosing on the lien is an entirely different and difficult task.

    The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice. Mr. Leroi answers questions on Avvo because he strongly believes in public service from his years as a judge, magistrate, and prosecutor. If you need to ask any follow up questions because my answer did not fully address your question, feel free to call Chris or post an additional question. Thank you.


  3. Maybe yes, maybe no. There are very strict time limits in regard to when the contractor has to give appropriate notices concerning the mechanics lien. You should immediately sue the former property owner for the construction costs and get a Judgment against him. In regard to the mechanics lien an attorney is going to have to review what notices were given and received and the timing related to said notices.

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