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Can unlicesned home inspectors file a mechanics lien in New Mexico?

New MexicoRecovery OptionsRight to Lien

I am a Home Inspector in Albuquerque NM. I performed an inspection as requested and scheduled by the prospective buyer and buyer's agent of a detached single family dwelling. During the inspection I was informed that the property owner is responsible for payment. My policy is to be paid at or before the inspection as is stated in my confirmation/quote sent out prior to the inspection date. I contacted the seller's agent after the inspection and made this policy clear and sent the agent (at his request) an invoice for payment. As you may know, the State of New Mexico is currently devising a licensing system for Home Inspectors. I am in compliance with all current state requirements but do not have as yet a state issued Home Inspector License since such a document is not yet available in New Mexico. I do have a Small Business License issued by the City of Albuquerque. Can I file a mechanic's lien if payment is not made in a timely manner?

1 reply

Apr 7, 2020
Mechanics lien rights are available to those who perform work that permanently improves the project property but go unpaid for their work. Unless the unpaid party has done work to physically improve the property, lien rights typically won't be available. So, performing inspections - without more - likely won't result in mechanics lien rights. With that being said, that doesn't mean some other remedy won't be appropriate. Invoice reminders, demand letters, legal claims, etc. could all be effective to get paid. And, some of the options in this article may make sense for you: Can’t File a Lien? Here Are Some Other Options For Recovery.
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