I owned a house in Florida and I was under contract with a buyer for the sale of the house, before the closing the buyer hired or made some arrangements for a contractor to do work on my house when I wasnt there without my permission, the buyer then chose not to buy the house and the contractor stuck me with the bill, I have an affidavit that my realtor never gave the contractor permsion nor did I ever give the contractor permission. I believe the buyers agent contracted to have the work done for her buyer. the contractor claims he made improvements to the house, but on my contract with the buyer I wrote AS IS, I did not want to make improvements to the house so why would I ever authorize any improvements. I was giving a credit to the buyer for improvements that she wanted done to the house, she in turn decided to hire a contractor I believe and thought when she got her credit from me during closing she would pay the contractor off. What should I do?
Thanks!!!
2006-08-02 04:30:00 · 11 answers · asked by Matthew G 2 in Business & Finance ➔ Renting & Real Estate
Order a title report from First America Title, or Fidelity National Title.
You should be able to obtain all the info and then some.
2006-08-02 04:32:58 · answer #1 · answered by Jen 3 · 0⤊ 0⤋
Wow, that's a tough one, especially since laws vary from state to state. Depending on how much the contractor says you owe him, you may be best off just to pay the bill and sell the home for more than you otherwise would have. If that's not an option, then I suggest you talk to your real estate agent, they should know what recourses you have in this situation. If all else fails, then you'll need to hire an attorney, as I'm assuming this would be beyond the dollar limit of small claims court.
2006-08-02 04:36:48 · answer #2 · answered by baldninja2004 2 · 0⤊ 0⤋
It is illegal. The contractor did not have a written contract with you, and he can not file a lien against your property.
First of all he was supposed to get a permit for the work. I assume he did not. The licensed contractor must obtain a permit before commencing any construction work. Otherwise his license can be revoked.
You have tree choices:
1. You can complain to the Contractors State License Board.
2. Take him to small claims court
3. Hire an attorney to take him to Civil Court.
In all cases you are going to win.
Good luck.
2006-08-02 04:46:06 · answer #3 · answered by Samuel A 1 · 0⤊ 0⤋
Get a good lawyer... I had a friend who got her driveway paved for free. A paver decided to pave her driveway without her permission and then charge her. Since he did not have a signed contract or her permission, he could not legally charge her. The contractor should not have made ANY inprovements without the written consent of the owner: YOU. The Contractor needs to come up with a signed agreement by YOU or YOUR AUTHORIZED REPRESENTATIVE. If he can't then he may not charge you for the work. A note of Caution: He does have the right to come in and return the house to its original condition. Hope this helps!
2006-08-02 04:39:08 · answer #4 · answered by amkornele 3 · 0⤊ 0⤋
Hire an attorney. As far as the buyers agent goes, it sounds like you have a legitimate complaint agains him/her. Contact your local association of REALTORs and your states Real Estate Commission and ask them for help. They will guide you to the necessary forms and procedures necessary. It may be that you have a case against that agent, and could win a suit that would have him/her pay off the lien.
2006-08-02 04:35:13 · answer #5 · answered by akc1106 4 · 0⤊ 0⤋
You really need to speak with a real estate attorney in your area.
To be honest, I find it a bit hard to believe that the buyer made all these improvements without your knowledge.
How did they access the property? How did they know when you weren't going to be there? Didn't you find it the least bit odd when you came home and you had a new kitchen or something?
2006-08-02 05:26:28 · answer #6 · answered by BoomChikkaBoom 6 · 0⤊ 0⤋
Your lawyer will tell you you're not liable. The person who institued the work order IS. As that person is NOT the owner of the property, the Contractor is pretty much screwed. He should have never started the work under these circumstances. There is no court that will award him money in this matter. He is at fault. Not you. A lawyer will tell you the same.
2006-08-02 04:36:31 · answer #7 · answered by Quietman40 5 · 0⤊ 0⤋
Where is the written contract between the contractor and you? If there is none, and a legally filed lien was filed, contact the State of Florida construction dept and tell them your story. They should be able to help you. Good luck!
2006-08-02 04:35:29 · answer #8 · answered by hirebookkeeper 6 · 0⤊ 0⤋
Pay the contractor and sue the buyer and buyer's agent.
2006-08-02 04:35:59 · answer #9 · answered by Mike 4 · 0⤊ 0⤋
This is something you need to take the "buyer" to court about. Contact a lawyer skilled in real estate law and take it to 'em.
Good luck.
2006-08-02 04:35:48 · answer #10 · answered by John J 6 · 0⤊ 0⤋