Q: I am legally obligated to pay the builder for change request and if the builder can currently put a lien on my home?
I had a home built in 2013 and at closing the builder/realtor provided me with a change request for driveway pavers that I did not request or authorized. The builder stated all the homes in the neighborhood had them and I needed to pay. I signed the change order in ignorance and agreed to pay the amount over a years' time. Later after reviewing the contract I realized the pavers were an upgrade option and according the builders own contract the buyer needed to request in writing and pay for any upgrade in advance prior to any work being done.
Also I noticed the buyer's name listed in the change order is my wife's name and not mine, but it does have my signature... does this matter?
They've asked for payment several times, but I've held off due to unfinished worked they verbally promised and never completed.
They threatened me with legal action about two years ago, but no word since.
The builder is again asking for payment... do I have to pay?
A: Under the facts as you state in your question, I do not think that the builder can place a lien on your property now based upon the amount of time that has passed. A builder has a limited amount of time after completing the construction in which to file a lien. I suggest that you may want to sit down with an attorney and get a consult and have the attorney review the documents.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
