materialman's lien in Texas

[Mark S. Elliott]

Can an inspector file a materialman's lien in Texas if a client does not pay? If yes, what is the procedure. If not, I assume that a trip to small claims court to collect is in order.

[George E. Russell]

Never send out the report without at least a check in hand! I guess you could file a lien but unsure how to go about it.

[Joseph A. Ferry]

Originally Posted by melliott1

Can an inspector file a materialman's lien in Texas if a client does not pay? If yes, what is the procedure. If not, I assume that a trip to small claims court to collect is in order.

I doubt that an inspector would qualify as a material man.

[Bryan T. Moree]

A quik call to the title company or lender normally does the trick. Talking with one of those contacts can shut the whole transaction down.

[Jae Williams]

Originally Posted by melliott1

Can an inspector file a materialman's lien in Texas if a client does not pay? If yes, what is the procedure. If not, I assume that a trip to small claims court to collect is in order.

Are planning to lien the house?

The seller didn't hire you and doesn't owe you.

The buyer doesn't own the house...no authority would honor your request.

Small claims is the better idea.

[Curtis M. Vilt]

I've gone to peoples homes, their place of employment, and called the spouse that dint hire me. Small claims works but I haven't needed it. I hope you are successful

[Jae Williams]

Originally Posted by cvilt

I've gone to peoples homes, their place of employment, and called the spouse that dint hire me. Small claims works but I haven't needed it. I hope you are successful

The only time I couldn't collect was when the client was from another state and had never seen the house. She walked after reading the report, and refused to pay me. (The realtor said she was a friend of his and I needn't worry--he didn't believe when I told him.)

Couldn't get her into small claims...wasn't worth the effort.

[kweiss]

I had one on a one year warranty inspection last year.

Considered trying to file the lien, but decided not to. Partially considered it my reminder lesson to be firm on the no pay no report thing. The client had all these special issues and timing constraints and I broke my hard and fast rule, trying to be a helpful nice person. Can see what that gets you....

Good in a way to remind myself.....there are absolutely no exceptions to that rule in the future! If they don't get their report in time because of payment issues, it is their issue! I make it very easy to pay me.

[Curtis Sproull]

Have been doing this for 17 years and only lost 3 one got up from closing table and went back to California never heard from again.

One was a fake and couldn't buy home ( blood from Turnip)??

Chased for over a year and finally gave up not worth anymore trouble.

[Jeffrey R. Jonas]

Originally Posted by kweiss

I had one on a one year warranty inspection last year.

Considered trying to file the lien, but decided not to. Partially considered it my reminder lesson to be firm on the no pay no report thing. The client had all these special issues and timing constraints and I broke my hard and fast rule, trying to be a helpful nice person. Can see what that gets you....

Good in a way to remind myself.....there are absolutely no exceptions to that rule in the future! If they don't get their report in time because of payment issues, it is their issue! I make it very easy to pay me.

I agree with Kevin, but I also try to remember something else. I like to discuss my inspection finding as I go through the inspection (client or clients rep. present). Last summer, I had a client fail to pay, left to get his checkbook 1/2 hour before end of inspection. Never returned. I called him daily for three days and he finally answered and sent payment via Paypal. I no longer explain everything I find during the inspection. I retain much of the info for the report. When the realtor asks to see everything I found, I inform them everything will be in the report, and I will answer any questions after they read the report in it's entirety. Have not had any problems since.