I have a lien placed on a house which was listed for sale yesterday. I am considering contacting the Real Estate Agent to see if she can help getting the balance paid. Any downside to this? Is there any additional action(s) I should take in the meantime or should I just wait for the house to go under contract? I'm guessing they can't transfer title until the lien is released. The house has a mortgage, but to my knowledge there are no other lien holders.
You may consider contacting the real estate agent, but better the title company, about your claim. The real estate agent is motivated by the sale going through so that the agent gets a commission. The title company is motivated to avoid financial exposure, so would likely address your claim.
But, you really should retain a construction attorney to review and evaluate your legal position based on the contract and pertinent documents. The right to be entitled to file a mechanic's lien is set out in Texas Property Code Chapter 53, and you really need to make sure that if you file a lien, you have properly and appropriately done so.
Filing an invalid lien could subject you to liability under the Texas Fraudulent Lien Act, and you could be liable for statutory damages of $10,000, or actual damages, whichever is greater, plus attorney's fees. Facing such a claim would add insult to injury.
Good luck.