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jlcblc75 · Feb 25, 2007, 01:03 PM

We were to have closing on house and developer called one week before closing and stated that 3 liens had been placed on our lot before we purchased the lot and they could not close. The person placing the liens did not respond to let the developer know what they wanted.

The developer said they did not know about the liens before they built our house.. It has been a month and we want out of our contract and want to get our money back. What can we do? And should we get a lien on the house. We do have a large amount of money in it, as we placed many extras in the house.

LisaB4657 · Feb 25, 2007, 01:18 PM

You have to carefully read your contract. Obviously if the seller can't provide clear title then you don't have to close and you should also be entitled to the return of your deposit, plus extras, plus title and survey costs. But you may have to send a certified letter to the seller giving them a specific amount of time to provide clear title, such as 30 days, before you can terminate the contract.

Do you have an attorney representing you? If not then this would be the time to get one.

excon · Feb 25, 2007, 01:21 PM

Hello again, jl:

I suggested yesterday that you get an attorney. I see today that you reject that advice. Why? Or, maybe that's too confrontational for you. That's probably why you'll lose your money. K, it's not MY money.

excon

Fr_Chuck · Feb 25, 2007, 01:47 PM

You hire an attorney, they give them a certain time to clear it up and sue them for the money, when you win, hopefully they pay up.
If not then you can put a lien, but why do you want a lien, you can't move in, and you only get the money if and when the property sells, so a lien will tie up your money, you want to go after other money of the buider.

Also I would ask, that you gave them money on property, so you much have contracts and these should spell out exactly what should happen.