Real Estate Law Title

A mechanic’s lien is a common but easily preventable occurrence for many Florida property owners. This type of lien is filed against a property when a contractor fails to pay one of their suppliers, subcontractors or laborers for property improvements.

The mechanics lien is a cloud on the property’s title and can prevent or delay the sale or refinancing of the property until the mechanic’s lien is paid.

Often a mechanic’s lien is discovered long after it’s been filed in the public records, but by taking a few proactive measures in accordance with Florida’s Construction Lien Law, property owners can ensure their properties are protected from the burdens imposed by such mechanic’s liens.

Notice of Commencement

File a Notice of Commencement before beginning any home construction or remodeling project. Record the form with the Clerk of the Circuit Court in the county where the property being improved is located. Post a certified copy at the job site, too.

The Notice notes the property owner’s intent to begin improvements, the location of the property, description of the work and the amount of bond (if any). It also identifies the property owner, contractor, surety, lender and other pertinent information.

A property owner who fails to record a Notice of Commencement or incorrect information on the Notice could result in having to pay twice for the same work or materials.

Request a list of all subcontractors and suppliers who have a contract with the contractor to provide services or materials to the property.

Releases of Lien

Prior to making any payment, the property owner should receive a Release of Lien from every supplier, contractor and subcontractor, which covers the materials used and the work performed on the project. The Release of Lien is a written statement that removes the property from the threat of lien.

If the contract requires partial payments be made before the work is completed in full, the get a Partial Release of Lien covering all workers and materials used up to that point in time.

Before final payment, obtain an affidavit from the contractor that specifies all unpaid parties who performed labor or services, or provided materials to the property. Make sure the contractor obtains releases from all of these parties before making final payment.

Notice of Termination of Notice of Commencement

At the end of the project and after the contractor is paid in full and obtained all of the necessary Releases of Lien and affidavits as described above are obtained, file a Notice of Termination of Notice of Commencement with the Clerk of the Circuit Court in the county where the property being improved is located.

The information in this article is of a general nature only and is not intended to be relied upon as, nor a substitute for, specific professional advice. No responsibility for the loss occasioned to any purpose acting on or refraining from action as a result of any material in this publication can be accepted.

The hiring of a lawyer is an important decision that should not be based solely on advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.

You’ll want to make sure that you get the legal help and advice you need from an experienced residential conveyancing solicitor if you’re looking to buy or sell property.

Here’s why you need a residential conveyancing solicitor, when you’re buying or selling property, and more about the services they provide.

It’s important that you instruct the right firm of residential conveyancing solicitors when you’re buying or selling a house. You’ll need to choose a firm that know about buying and selling property as opposed to solicitors who normally deal with other legal issues.

By telling you what to expect, and how long things take, your residential conveyancing solicitor can help put your mind at ease, and reassure that things are progressing according to plan.

Because your property is the probably the most expensive thing you will buy or sell, you’ll want to make sure that you leave nothing to chance, and that everything is legal.

You’ll want to be reassured that your solicitor knows what they are doing, that they can help you and ensure that you are getting value for money. You don’t want to be left in the dark, or have to chase up your solicitors yourself.

Some firms of residential conveyancing solicitors will be able to recommend certain local estate agents and qualified surveyors to you. This can help to speed up the buying or selling process, and ensure that you can buy or sell your home as quickly as possible.

The services of a residential conveyancing solicitor are also invaluable for landlords and tenants too. If you’re a landlord who’s tenants haven’t paid their rent, or are not sure what your rights are as a tenant, you’ll be able to get the legal help you need.

Buying and selling property is time consuming because different checks need to be carried out. These include checks to see whether the property can actually be bought or sold, and what the property deeds say. Surveys will also need to be carried to establish the condition of the building, and whether it’s actually worth the money. You’ll need to be kept informed of the status of these checks and surveys by your solicitor.

Maybe you’re thinking of moving to a smaller or larger property, and want to know if there are any legal implications that could affect you.

You might want to build a conservatory, or extension, and need planning permission, or help buying additional land. Your residential conveyancing solicitor will be able to help you.

When you’re looking for mortgage or insurance advice, you might get the information you need from your residential conveyancing solicitor as well a a financial or mortgage adviser.

Now you know more about the work of a residential conveyancing solicitor, if you’re buying or selling a home, you’ll know how they can help you, and what to expect.