The owner is unresponsive and is trying to sell his home without completing payment for the contracting activities that were done for the home. I was the potential buyer under contract at the time of the home. The 4 point inspection uncovered many issues with the property that wouldn't allow for it to be purchased by a buyer getting a loan. The owner agreed to fix these issues which included the need for a Heating/Cooling source in the home/Roof/Electrical Issues. Owner couldn't find a contractor to support what he wanted with regards to cost/timeline and the sales contract date closure was approaching. The owner through a realtor stated he was having trouble closing off these actions so the buyer identified some contacts to support the repair effort. The owner agreed to provide the buyer with concessions for the cost of repairs to improve the property so that it could be sold. The buyer than provided initial payment in support of the owner to complete the repairs to the contractor who began the work under the sellers direction of understanding what it would take to complete these activities including filing notice of commencement and understanding the permitting needs. During the contract stage, there were two issues that didn't allow for the home to close including the owners need for a new roof, and an LIEN that the owner brought up 40+ days after the deal was in process that he refused to remove liability for and stated its there and its up to the buyer to take care of. The lien was above $15K. The deal didn't close and the owner refused to make payment for work done to the property. The contractor and the buyer are now out of money to support closure of the project and the owner has put the property back on market for sale. One issue that the owner will mention is the fact that there is a permit violation, the buyer and contractor cannot close the issue UNTIL PAYMENT IS MADE. Owner hasn't paid a red cent and expects the buyer and contractor to cover all costs. His house was was sold to the buyer under contract for $301K, which is $14K over asking. He has now listed the home for $329K, taking advantage of the improvements to the home. Need an immediate lien on the property.
You don't really explain who you are in this situation and how you have lien rights. What work did you do? Who contracted with you? When was the work completed?
If I am reading the tea leaves correctly and this question is from the buyer who paid the seller for pre-purchase repairs under a previous contract for purchase and sale, questioner needs to consult with an experienced real estate litigator without delay.
Buyer has no right to record a contractor's lien, but may have grounds to file a civil action with a variety of claims with an accompanying lis pendens. This is very fact specific and the claims and right to the lis pendens will depend on a variety of factors, including the exact terms of the previous contract and whatever documents terminated the contract. Provided the factual basis is there, such claims might be for specific performance or asking the court to impose an equitable lien.
This is not DIY territory as making such claims without sufficient factual and legal basis exposes the claimant to potential counterclaims including slander of title and tortious interference with a new buyer.