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Can i file a lien ?

CaliforniaRight to Lien

To start off, i was interested in buying a business from an individual and we had came to a buying agreement and signed papers and everything. Then this individual started to play around after we put down $30,000 down payment for the agreement. After taking the cashiers check, he continued to mess around with the lease agreement knowing that we would end up with disagreements. He is now claiming that the money is non refundable which was never written or included in the lease agreement or the purchase agreement. Am i able to take action with a lien even though we have not made it through escrow?

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