A home inspector showed up at my home at my request. He came late and did not have a card or any form of ID when he showed up. About five minutes into the inspection, I felt uncomfortable with him and asked him to leave and not come back until he could properly identify himself as associated with the company I hired. I did not pay him as he did not complete the inspection or prepare the report or comport himself in a way I expected or that I believe should be required of a professional. He said he would put a mechanic's lien on my home to impede my sale of the home. Can he do this? If so, can I prevent the lien if I can show that the inspector did not complete the inspection or prepare the report?
I am an Ohio lawyer, so I can't say for an absolute answer, but it appears that he can't as he didn't perform any work to improve the property. In Ohio inspectors and architects do not have mechanic's lien rights unless they are actually performing or directing work. It appears to be the same in Indiana. Here is a Guide published by the American Subcontractors Association "Liens and Bond Claims in the 50 States" http://www.keglerbrown.com/content/uploads/2017/02/Lien-and-Bond-Claims-in-the-50-States-2017.pdf . Scroll down to Indiana to see that contractors, subcontractors, materialmen, lessors of equipment and laborers have lien rights.
The Indiana Mechanic's Lien Statute https://iga.in.gov/static-documents/0/0/b/3/00b3e7df/TITLE32_AR28_ch3.pdf at IC 32-28-3-1 provides that you may have mechanic's lien rights if you did any of the following:
(1) the erection, alteration, repair, or removal of:
(A) a house, mill, manufactory, or other building; or
(B) a bridge, reservoir, system of waterworks, or other
(2) the construction, alteration, repair, or removal of a walk or
sidewalk located on the land or bordering the land, a stile, a
well, a drain, a drainage ditch, a sewer, or a cistern; or
(3) any other earth moving operation.
To me, that does not include an inspector.
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