Hi i moved into a property that i was told needed some work but that it was very minimal.When i moved in with time i found out the whole roof was needing to be replaced and alot of the structure was infested with termites.I explained this to the owner who stated he didnt have insurance so he was going to sell the property to me instead.Well 7 months in he decides he wants the remaining balance in one lump sum i ckearly didnt have it.i inly owed $6,000 to own the place.Long dtory short he decided to back out and is trying to evict me after i have done over 10,000 in work to the place.Should i file a lean?He used me to just fix the place then try to sell it for more and kick me out after i put all my money into the place.
Hello,
No. You actually have different causes of action. A mechanic's lien under chapter 53 would be for him not paying you under a contract to repair the property. Based on the facts you've presented here, you did not have a contract with him to repair the property, you were repairing a property you thought you would own.
You may sue him for a number of things in an attempt to recover your funds. It would help if you had a contract for the sale of the property to you because of the statute of frauds requirements but that should not preclude you from suing him for receiving the benefit of your labor without an agreement to compensate you for such.
E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com
Nope. You would still not be able to lien because you were never under a contract to repair the property. All you can do is sue him.
-Aaron