Recently I was out of town and had a pipe burst behind the wall of my rental unit. I had a water restoration company come out and do the cleanup which was minimal. The person required my sister to give her written permission to do the work, but she was requested at the same time to provide a written estimate of the work being done. She said the work should run about $400 to $600. When she arrived at the property, she again called my sister and told her that additional work was required, but that the total would not exceed $800. Again she was reminded to send a written estimate. Nothing was forthcoming and the work was completed. When I returned and called to find out what the total amount was so I could pay this debt, she told me it was $1,200. When I refused to pay this and told her I would only agree to pay the $800 she had verbally quoted my sister, she threatened to place a lien on my property. Can she legally do this when I have not given written permission to a $ amount?
2007-11-07 13:52:13 · 5 answers · asked by zantur1 1 in Business & Finance ➔ Renting & Real Estate
I recommend that you have an attorney write them a letter explaining what you have told us.
A letter from an attorney will get their attention, expecially if it is sent certified mail return receipt requested.
I pay a retainer to an attorney who specializes in real estate law.
As a property owner I do have issues like this come up from time to time.
I consider attorney's fees part of the cost of doing business.
Since I pay my attorney a flat fee for issues like this I do not get nickled and dimed to death.
The issues that come up are often the same so he does not have to do much new research.
Since I have him write letters for me on my behalf on a regular basis he knows what I need to have him say in the letter so the other party will give up and go away in most cases.
In the rare cases where they do not go away, my attorney enforces my interests in court.
I recommend that if you do not have an established realationship with a real estate attorney that you develop one.
Discuss the matter of writing letters on your behalf and negotiate a reasonable fee for volume repeat business from you.
I am amazed at the number of people who are out there to cheat you if you own property and they do not think that you can defend yourself.
When they receive a particularly unpleasant letter from your attorney they usually go away and try to find someone else who is easier to cheat.
2007-11-07 14:21:00 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Contrary to what others have stated here, the water restoration company CAN file a mechanic's lien on your property, and quite successfully. The service provider is in the driver's seat here. You cannot deny that the work was performed (your sister signed an authorization) You have no written contract OR estimate, apparently.
The filing of a mechanic's lien is going to put you in serious jeopardy, since various states will allow a lienholder to foreclose a property in a fashion similar to a lender forclosing on a delinquent mortgage.
You do not indicate your location, and mechanic's lien laws vary by state. I strongly suggest that you do NOT ignore this threat, and do what it takes to get it resolved.
2007-11-07 15:56:43 · answer #2 · answered by acermill 7 · 0⤊ 0⤋
Yes they can.
It's called a Mechanics lien and it is as easy as going down to the county recorders office and paying $12 to file it. if they've threatened it, they have probably found it very lucrative in the past.
If you tried to refinance they would likely require you to pay it off. Not paying on the principal of the the think might come back to bite ya.
In the future have someone a little more business savy running things.
Good Luck
2007-11-07 16:29:04 · answer #3 · answered by Anonymous · 0⤊ 0⤋
The majority of companies that do such work provide a written estimate for the homeowner to sign before the work even begins; however, they are not required to. I would contact a lawyer via phone and ask what their opinion is.
2007-11-07 13:56:14 · answer #4 · answered by Madison 6 · 0⤊ 0⤋
Probably not. Are they members of the BBB? If so, file a complaint through them. They often get these types of issues cleared up.
Since you don't have anything in writing, I would remind the vendor of that and tell her she will take the $800 or she gets nothing. Let her know that she would be very hard-pressed to prove her case in court. Let her know her threats will not work.
2007-11-07 13:59:51 · answer #5 · answered by Anonymous · 1⤊ 0⤋