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Orlando, FL asked in Business Law, Consumer Law and Contracts for Florida

Q: We have a air conditioning unit left on our property by a contractor, can we sell or give this away without repercussion

Contractor recommended this too big unit and could not get it to work correctly in our home. We received a refund of all monies paid however the contractor has not picked up the unit since returning our money 3 months ago. Can we legally sell this or give it away? Technically we do not own this (refund of money) even thou this is on our property? We have requested verbally thru voice messages and via text messages they come for the unit on numerous occasions.

1 Lawyer Answer
James W. Martin
James W. Martin PRO label
Answered
  • Pinellas County, FL
  • Licensed in Florida

A: Florida Statutes Chapter 713 governs construction liens in Florida and allows contractors to obtain liens on real property and also allows materialmen to obtain liens on real property so it is possible that the contractor or its supplier could obtain a lien on the real property. Therefore, the owner of the real property should engage a lawyer to assist in returning to the rightful owner the material that was provided and left on the real property. The rightful owner might be the contractor or it might be the contractor's supplier or perhaps even someone else.

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