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Can I place a mechanic's lien?

ColoradoRight to Lien

I am a real estate agent and have a contract with a buyer to build a home. The builder went under halfway through and they were meant to pay my commissions. The buyer's agreement I have with the Buyer is that they are to pay it in the event that the seller/builder does not. They are refusing and I would like to place a mechanic's lien. They have elected to finish the project themselves with a GC.

1 reply

Oct 26, 2020

Generally, no - real estate agents are not entitled to file mechanics lien claims. Mechanics liens are reserved for those who permanently improve real property. While real estate agents provide valuable services, they typically don't permanently improve the property, themselves. With that being said, that doesn't mean that other options won't be on the table - like pursuing remedies based on the breach of your contract.

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