Home>Levelset Community>Legal Help>Can we file lien against builder?

Can we file lien against builder?

We were purchasing a new home in GA and had the floors upgraded to hardwood in one bedroom. We paid $1,450.00 out of pocket, the home didn't appraise, and the deal fell through. This home previously fell through with another buyer due to it also not meeting the appraised value. We feel that we have been knowingly cheated out of an upgrade for the next buyer and the builder is refusing to pay us back. Can we file a lien against the property at this time?

1 reply

Jul 30, 2020

It depends on the language in your purchase and sale agreement and any other documents you might have signed. Was your out of pocket payment described as and/or considered part of your earnest money deposit? What was the language in the purchase and sale agreement that allowed you to terminate the agreement? What was the appraised value vs the sales price and how did the Did you pay the builder or a trade contractor for the material and labor tor the hardwood? Was the hardwood floor added by a formal addendum to the agreement? Did you invoice the builder after the deal fell through?

1 person found this helpful

Helpful