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Can I place a mechanics lein on a property for lost costs that are not all construction costs?

North CarolinaMechanics Lien Right to Lien

Anonymous Contractor

I was under contract with a Seller to buy their property. Just before the contract closing date they terminated the sale and contracted with another Buyer within our contract period. Can I file a lein for my costs associated with Title Search, Cost of plans and and drawings, cost for Attorney drafting deed and closing documents, etc?

1 reply

Matt Viator

Construction Lawyer

Levelset Admin at Levelset

| 992 reviews

Jun 12, 2020

Mechanics liens are available to those who permanently improve real property - generally, construction work. Items like running a title search, paying someone else to draw up plans, and having an attorney draft a deed or other closing documents don't improve the property, so they won't give rise to valid and enforceable liens. With that being said - if the owner has acted improperly and you were damaged as a result, you may have some other legal claims available against the owner. So, consulting with a real estate attorney about potential recovery options might be useful.

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