Delinquent Clients

[rwand1]

Has any inspector successfully filed a Mechanics Lein against a home purchaser for delinquent accounts?

[Emmanuel J. Scanlan]

Raymond,

My Wife's family is Italian and has diverse backgrounds and experiences. I don't use Mechanics Liens. Instead I send "The Family" "Mechanic" out to collect the debt!!

[Greg Bell]

HI Raymond,

I tried to place a lien once and was told that I could not since the person was not the owner when I performed the service. The only thing that made them pay was a letter from my attorney stating that it would be turned over to collections if not paid. I think that the laws may be a little different for each jurisdiction.

[Claude Lawrenson]

Greg suggestion is likely the best route.

Raymond in Ontario under the Mechanics Lien Act - A claim may filed in the land registry office by an individual, or company, for labour or material, or both, supplied for the improvement of the property. I have never heard of anyone being successful in applying this to a home inspection.

http://www.cccl.org/Who%20is%20Entitled%20to%20Make%20a%20Lien%20Claim .htm

[Robert Francis]

Ray

There are a few aveunes you can go, call me and I can fill you in, they have worked for me. Usually within 24 hours I have payment from either the realtor or client.

[Vern Mitchinson]

Here in Alberta it's called a builder's lien. I filed one about a year ago.
The day land titles stopped the transfer because of my lien a lawyer called me yelled at me for 10 min that I could not do this etc. I told him that the guy at land titles said it was OK an filed it for me. I got my money an hour later.

It worked perfectly and now I occasionally tell the story if I get any feeling that payment may become a problem. Not had any problems since.
As far as I'm concerned any jerk that tries to stiff me deserves to have his purchase screwed up. He not only has to pay me but there is likely some costs such as interest, extra legal fees etc.

PS A Mechanics Lien in Alberta is for vehicles only.

[rwand1]

Vern

I agree, file the lean, and let them sort it out after its been filed. Even if the delinquent puchaser does not buy the house I don't see why one could not put a lean against the clients current residence.

Thanks all for the replies.

[jrivera]

Originally Posted by escanlan

Raymond,

My Wife's family is Italian and has diverse backgrounds and experiences. I don't use Mechanics Liens. Instead I send "The Family" "Mechanic" out to collect the debt!!

Hey, that plan sounds like it'll be a hit !!!

Mic