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Can I file a Lien

ArizonaPreliminary Notice

I have a contract to purchase a vacant piece of land which is contingent on city approval of a new split which I paid for. Now that I got the split finished the sellers want out of the contract but don't want reimburse me for the split expenses. Can I file a Lien ? I did not do a preliminary notice.

1 reply

Sep 18, 2020
You cannot obtain a mechanic's lien on the property because you did not deliver labor or materials to improve the land. However, depending on the language of your contract for the purchase of the land, you do have a strong case to sue for breach of contract to either force the sale of the land (called specific performance) or recoup the costs incurred in getting the split. Whether a lawsuit would be worth it (or perhaps even a demand for settlement of less than you are entitled to so that you can avoid the time and expense of litigation) would depend mainly on the contract language and the amount of costs you incurred in getting the approval of the split. If you have further questions please feel free to contact me jab@jhc.law
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