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I already have liens in place and the person is requesting a Leon waiver what does that mean?

TexasLien Waivers
Anonymous General Contractor

I have placed leins on a client and now through level set they have requested a Leon waiver. I am unsure of what that means as they have not paid yet so I am not willing to waive the lein

2 replies

Attorney at House Perron & House Pllc
| 52 reviews
Nov 6, 2020

There's two types of waivers, those being unconditional and conditional waivers. DO NOT provide an unconditional waiver unless you are paid in full. However, you can provide a conditional waiver that is contingent on final payment. That way, if they don't actually issue final payment, you have not waived anything. The waivers are statutory forms in Texas meaning its very easy to find a copy of both types. I do not know if LevelSet offers these forms or not.

Very best,

Ben 

NOTICE: The advice provided above is of a general nature only and should not be relied upon under specific circumstances without first retaining an attorney
and having your legal issues reviewed in detail. Ben House and the law firm of House Perron & House PLLC are not agents, contractors, or employSee More...
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Nov 7, 2020

Hello,

Exactly. They are only requesting a waiver because they do not want the lien on the property. They are being inconvenienced by it. Your lien will now stay right there until you decide to enforce it or the statute of limitations runs on lien enforcement. Or until they pay you.

Do not sign a lien waiver until they pay you. And if they want to pay you with a check, tell them cashier's check or nothing. You do not have time to be signing a lien waiver only to have a check cancelled on you because then you have to pay someone to sue them.

E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com

I am an attorney but I am not your attorney... yet. The information provided here does not create an attorney/client relationship.
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