This company is trying to sell this location but can't because there is a lien still on file. we had signed an unconditional waiver for the amount they had paid of 19k leaving a balance of 47k. Since we signed the waiver when picking up the first check, does that mean we don't have lien rights If we decide to take to court?
The answer will ultimately depend on the type of Texas lien waiver you executed. Texas is just one of the 12 states that regulate the form and content of mechanics lien waivers, and the required language of each type of waiver (4 in total) can be found under Texas Prop. Code §53.284.
If the waiver was an "Unconditional Progress Payment Waiver " then the amount of lien rights waived will be limited to the amount stated, and evidenced by any attached pay applications/invoices. However, the "Unconditional Final Payment Waiver " is not limited, and declares that the party executing the waiver has waived all lien rights associated with the project. You should review the terms of the waiver to confirm which type of waiver was executed and if you still retained lien rights for the remaining balance.
Here are some additional resources that you may find helpful: