My friend lives in Michigan and over the summer she hired a local guy to put a new roof on. He did and she paid him, now the the company that the man bought the shingles and stuff from has put a lein on his house because he did not pay his bill at the lumber yard. She has contated him and he said he pays for it at the end of the year. Is this legal??
2007-12-02 06:37:00 · 7 answers · asked by marilyn b 3 in Business & Finance ➔ Insurance
You bet this is legal. You need to make sure that all the bills are paid by people working on your home otherwsie the vedors of that contractor can place a lein.
It is called a mechanics lein.
Contact the roofer and demand paid receipts. Also contact the state contractors board and file a complaint. If he doesn't have a contractors license they'll nail him, if he does they'll still go after him.
2007-12-02 06:40:35 · answer #1 · answered by Tim 7 · 3⤊ 0⤋
Yes, it's legal for the supplier to place a lien on your friend's house. That being said, liening real property can be complex and there are a lot of rules that have to to be followed.
Your friend should contact your state's contractor's licensing board and file a formal complaint against the roofer (people should always check with the contractor's licensing board before they hire a contractor - most states make the information available on-line).
http://www.michigan.gov/dleg/0,1607,7-154--22352--,00.html
If the roofer is unlicensed and passed himself off as being licensed, there may be additional actions your friend can take against him.
Your friend should also contact a reputable real estate attorney and find out if the lien was properly placed (within the statutory timeframes and in accordance with statutory requirements). Your friend shouldn't wait for the roofer to fix the problem.
2007-12-02 07:11:29 · answer #2 · answered by Nancy G 4 · 1⤊ 0⤋
Is the lein legal? Yes. Those goods were put on your house, and they haven't been paid for yet. The guy you gave the money to buy it, spent it somewhere else. You're going to owe this money, and you'll have to sue the contractor to try to get it back.
No one gets "I don't pay until the end of the year". Normally, you have 30 days to pay a supplier. Sounds like you're going to buy your shingles twice.
2007-12-02 07:48:43 · answer #3 · answered by Anonymous 7 · 0⤊ 1⤋
Yup, it's legal. It's called a 'materialman's lien" or similar. One of the reasons anyone who has work performed on his/her house should always demand signed lien waivers prior to paying the contractor. The materials supplier is protecting their right to be paid by placing a notice of lien on the property where the materials were used.
2007-12-02 09:54:46 · answer #4 · answered by acermill 7 · 2⤊ 0⤋
If she had not paid the contractor, HE could place a 'Mechanic's Lien' on the house. The materials supplier can place a lien on his business. I am not sure if they can follow the materials to your friends home. Assuming they can, she can clear the lien by paying the lumber yard and then sue the contractor for damages. I recommend consulting an attorney about the specifics in your area.
2007-12-02 06:43:56 · answer #5 · answered by STEVEN F 7 · 0⤊ 2⤋
It is legal. Unpaid suppliers can place mechanic's liens on the property where the supplies were used. Was he properly licensed? Contact the state contractor's license board and file a complaint.
2007-12-02 07:09:31 · answer #6 · answered by Anonymous · 1⤊ 0⤋
definite, you want a legal professional, he will do each and each of the workplace paintings and then he will record this lien. I did this yet they end paying and they could no longer sale the domicile and that i loose the money and a buddy.imagine about this better, before attempt this.
2016-10-25 07:54:33 · answer #7 · answered by ? 4 · 0⤊ 0⤋