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Home>Levelset Community>Legal Help>I acted in capacity of a real estste listing and selling induvidual for a predetermined fee on a for sale by owner listing. I procured the sale, navigated the seller on entire transaction and ensured the closing could be handled via overnight currier. Now the seller states he is not going to pay me. Can i place a lien on the property prior to closing? If so, what type of lien would it be? The property (vacant lot) is in Pinellas County Florida

I acted in capacity of a real estste listing and selling induvidual for a predetermined fee on a for sale by owner listing. I procured the sale, navigated the seller on entire transaction and ensured the closing could be handled via overnight currier. Now the seller states he is not going to pay me. Can i place a lien on the property prior to closing? If so, what type of lien would it be? The property (vacant lot) is in Pinellas County Florida

FloridaRight to Lien

I handled the sale of a vacant lot by putting my name on a sign and calling builders. I live in Georgia and flew to Tampa to pkace sign, locate buyer etc. i was able to negotiate a solid offer with a builder in the area. The seller (my personal friend and work associate) asked me to handle it for a $5000 fee as i spent 20 years in mortgage banking. Once we had a solid signed and counter signed Purchase Agreement I ensured the closing would be transacted without the need of a POA and that overnight curriers would provide docs for signature. They would be held in escrow until the disbursement date 2/4/19. The seller already paid ne $500 for expenses and which i believe shows intent to compensate me if I sell the property. Now he decided he just doesnt want to pay the balance . What are my options?

1 reply

Jan 21, 2019
I'm sorry to hear you've gone unpaid for your hard work - I know that's frustrating, to say the least! First, I'll note that a mechanics lien rights (the type of lien we most typically discuss at the Construction Legal Center and at zlien.com as a whole) are granted to those who perform construction work to improve property but go unpaid for their work. While there are a minority of states who provide lien rights to real estate agents, Florida does not appear to be in that minority. Still, that doesn't mean some form of lien or encumbrance is impossible - and the lawyers at avvo.com may be able to provide some insight there. They have a section of their website where individuals can ask legal questions and receive answers from attorneys in all different practice areas (beyond just construction).
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