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if repair work starts after a contract to buy a property expires without title to property can a mechanics lien be used
can a purchaser of a property, go in, make repairs that are unsolicited even though they don't have title or permission to make said repairs can place a mechanics lien on said property if sale does not go through.
1 reply
Apr 15, 2020
Mechanics lien rights are only available to the extent that work is authorized. So, no - if the work wasn't authorized, requested, or contracted, then a purchaser can't perform repairs on their own then file a lien later on.
With that being said, the claimant may still be able to get their lien filed. County recorder offices generally don't have the bandwidth or the authority to investigate each claim that's made against their property - so, the claimant could potentially get their lien filed against the property. But, owners are absolutely able to challenge claims filed against their property, and if a claimant has filed a lien improperly, then they could face serious penalties. So, if a buyer is threatening to file an improper mechanics lien claim, then threatening legal action in response could be useful in keeping them from doing so.
As a final note, I think this article will be helpful to you: I Just Received a Notice of Intent to Lien – What Should I Do Now?