Will home builder of a new construction townhome provide me with legal representation for a mechanic's lien?
Just got served with a lawsuit for mechanic's lien on a new construction townhome I purchased last year. I had nothing to do with this since I was paying for the completed home. I know I need to talk to a lawyer. But, can I make the home building company tender a defense for me or do I have to pay for a lawyer?
Public Comments
- NO!!! You had better get yourself a good lawyer.
- I am confused? Who has title to the property? If you do and the lien is not associated with your debt your property was improperly attached and you should be able to remove that lien, unless the lien was there before you purchased the property and then you have a cause of action against the seller who is supposed to give you a clean title.
- Yes, the builder had better indemnify you. The mechanic's lien is on your property because the builder has failed to pay one of his subs or one of his suppliers. You did nothing wrong and therefore should not be liable for this debt. Although I always recommend getting an attorney, you might be jumping the gun here if you run straight out and hire one. Give the builder of the home a call and tell them that you wish to have them indemnify you and that you wish for them to pay to have this matter taken care of. If not, then find yourself a real estate attorney. This is a fairly simple matter. You would file a lawsuit for implied or express indemnity and contribution.
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