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  1. #1
    mathew stouffer's Avatar
    mathew stouffer Guest

    Default Mechanics or construction liens

    2018 ASHI InspectionWorld

  2. #2
    Ted Menelly's Avatar
    Ted Menelly Guest

  3. #3
    Join Date
    Mar 2007
    Location
    Spring Hill (Nashville), TN
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    5,847

    Default Re: Mechanics or construction liens

    Quote Originally Posted by mathew stouffer View Post
    Does anyone know if a home inspector can file a lien on a property in the state of utah.
    If you are trying to collect an inspection fee for an inspection on a home that your client was buying, you will have trouble. The largest obstacle is that your client did not own the home when the inspection was done.

    If you have a signed agreement for the inspection you will do better with small claims court.

    Scott Patterson, ACI
    Spring Hill, TN
    www.traceinspections.com

  4. #4
    Ted Menelly's Avatar
    Ted Menelly Guest

    Default Re: Mechanics or construction liens

    The work was done on the home with permission to inspect. I do not know about the state of Utah but in the few I lived in a lien can be filed that will keep the home from changing hands to the new buyer unless the lien is paid. The only way you won't get paid is if the property was to transfer to someone else and not the buyer that owes you money.

    Again, your situation may be different.


  5. #5
    Join Date
    May 2010
    Location
    St. George, UT
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    217

    Default Re: Mechanics or construction liens

    Here in Utah, the lien laws are weighted very much on the side of the homeowner (and you would not even be contracted with the homeowner). I would not think the lien laws would even let you lien a property that your client has no legal tie to. And you could be sued by the present owners if you filed a lien that could hinder their ability to sell their property. (Utah is real picky on liens)

    Small claims would be your best bet. IMO

    With the type of service we provide, not demanding payment at the time of the inspection, is a real liability. If the client is following you around and you run across some major problems (deal breakers), He may just decide he doesn't want to fork out $200-$500 when he has decided not to buy in the middle of your inspection. People come in all forms.

    Good to get that Pre-Inspection agreement signed before you do much of the inspection. There is no contract till it is signed. And they are under no obligation till they sign it.


  6. #6

    Default Re: Mechanics or construction liens

    Quote Originally Posted by mathew stouffer View Post
    Does anyone know if a home inspector can file a lien on a property in the state of utah.
    ..not sure your situation, but did you consider calling the closing agent and send her your bill. They could put it on the HUD and take out the money right at the closing table with no fuss (just like appraisals, insurance etc. are handled).

    Also, I've seen inspectors that pretty much only release the report once they have received payment (i.e., they get a check right then the day of inspection)

    good luck...


  7. #7
    Ted Menelly's Avatar
    Ted Menelly Guest

    Default Re: Mechanics or construction liens

    Quote Originally Posted by Larry Morrison View Post
    Here in Utah, the lien laws are weighted very much on the side of the homeowner (and you would not even be contracted with the homeowner). I would not think the lien laws would even let you lien a property that your client has no legal tie to. And you could be sued by the present owners if you filed a lien that could hinder their ability to sell their property. (Utah is real picky on liens)

    Small claims would be your best bet. IMO

    With the type of service we provide, not demanding payment at the time of the inspection, is a real liability. If the client is following you around and you run across some major problems (deal breakers), He may just decide he doesn't want to fork out $200-$500 when he has decided not to buy in the middle of your inspection. People come in all forms.

    Good to get that Pre-Inspection agreement signed before you do much of the inspection. There is no contract till it is signed. And they are under no obligation till they sign it.
    I have not been paid for a grand total of ...............: once in 12 years of full time and twenty fivish years of part time inspecting. I don't do credit cards but checks and cash only. I have had countless, literally, clients mail me a check. A contract does nothing for me but maybe it does for most. No one signs anything. Did I just say that out loud again. Please no responding to that one please.


  8. #8
    Join Date
    Feb 2009
    Location
    Southern Vancouver Island
    Posts
    4,546

    Default Re: Mechanics or construction liens

    Forget small claims court. Paint up a sandwich board.
    Hire a homeless person to wear it. Have him parade the street in front of A-hole's house on a weekend when all the neighbors are around. He'll pay. I got this idea from Rick Hurst.

    John Kogel, RHI, BC HI Lic #47455
    www.allsafehome.ca

  9. #9
    Join Date
    Mar 2007
    Location
    Ormond Beach, Florida
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    26,248

    Default Re: Mechanics or construction liens

    Quote Originally Posted by mathew stouffer View Post
    Does anyone know if a home inspector can file a lien on a property in the state of utah.
    I doubt it because you did not actually 'do any work' on the home which stayed with the home.

    Jerry Peck, Construction / Litigation Consultant
    Construction Litigation Consultants, LLC ( www.ConstructionLitigationConsultants.com )
    www.AskCodeMan.com

  10. #10
    Join Date
    May 2009
    Location
    Washington State
    Posts
    358

    Default Re: Mechanics or construction liens

    Quote Originally Posted by John Kogel View Post
    Forget small claims court. Paint up a sandwich board.
    Hire a homeless person to wear it. Have him parade the street in front of A-hole's house on a weekend when all the neighbors are around. He'll pay. I got this idea from Rick Hurst.
    SWEET !!!


  11. #11
    Join Date
    Dec 2008
    Location
    Maryland
    Posts
    2,777

    Default Re: Mechanics or construction liens

    In general, the lean would not be on the present seller. It would be on the buyer. You would collect when the buyer sold the property, unless they were required to resolve any liens prior to a new mortgage after the original when they purchased the house. So the lien would resurface in 15,20,30 + years.


  12. #12
    Ted Menelly's Avatar
    Ted Menelly Guest

    Default Re: Mechanics or construction liens

    Quote Originally Posted by mathew stouffer View Post
    Does anyone know if a home inspector can file a lien on a property in the state of utah.
    So

    Are you gonna tell us what the outcome was?


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