Legal Question in Real Estate Law in Illinois
Contractor is threatening to put a lien on my property
I live in Chicago, I did a rehab job on my home. The licensed contractor advised me not to pull permits. Now the job is complete. I owe him the 10% upon completion minus some work he did not do roughly $3000. Now the contr. says that I owe him the 10% plus an extra 3000 (I have receipts for everything and don't owe him a penny more than the 10% owed). He says that�s he�s willing to accept 10% + $3000 that he claims I owe minus $1300 for work not completed. If I don�t comply he says that he will put a lien on my property plus take me to court. Since there were no permits pulled he feels that I have no choice but to pay him or else. What will the ramifications be if he takes me to court? I need advice on how to handle this matter. We didn't pull permits mainly because if we our taxes will go up and I wouldn't be able to make the rehab payments plus the increase in our taxes. The neighborhood where I live is very high on taxes. My home is old and needed lots of work but I'm in a tax bracket because of the years I've been living there. I was trying to fix my house and be able to afford to live there once I fixed it. By the way, he didn�t give me a consumer rights booklet. I never heard of this booklet before. Does it matter?
3 Answers from Attorneys
Re: Contractor is threatening to put a lien on my property
Obviously not getting the permits is a problem not only for you but for him also. As far as a mechanics lien, that doesn't stay forever or mean he wins the dispute. Plus there's a law that applies to rehabs in the city (which I'm not very familiar with) that he may not've complied with. In short, I'm not sure he's in the strong position he (or you) thinks he is in.
Please understand that this reply is being posted for informational purposes only and is not intended to be legal advice. Legal advice can only be given after reviewing all the facts of your individual case and is only provided to clients of the firm after a review of all necessary documents. This communication is not intended to create a lawyer/client relationship and I specifically state to you that you are not a client of the firm.
Re: Contractor is threatening to put a lien on my property
This sounds way too complicated to give an answer to on lawguru, you need to consult a local attorney that deals with construction and mechanics liens to help you out with this.
Re: Contractor is threatening to put a lien on my property
You need the assistance of a skilled real estate lawyer/litigator (like me). First, there is a 4th District case that says that if the proper notices are not provided, contractor is screwed. The issue of the permits effects both you and the contractor. Don't let yourself get pushed around by this bozo. You are in a better position than you think. Good Luck.
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