Legal Question in Real Estate Law in Indiana
Is remimbersment possible?
we attempted to buy a house in ''as is'' condition.The house wouldn't appraise unless drywall, carpet and furnance was put in house. Seller took care of carpet and furnance. We taped and mudded two rooms. In the third room we hung the drywall taped and mudded it. Financing fell through. Seller doesn't wish to compensate us for our work, time and money on the drywall. we called 2 drywall companies and ask what it would cost to have them do it. The lowest one was $1800. Our expenses on this adventure was $1200. This house is approximately 100 miles one way from our residence.We worked on it for 2 solid weeks.
We are asking $800 in remimbursment of our funds for our part in raising the appraisal of the house, and seller doesn't want to compensate. What are our options?
I appreciate your help. Thank you.
Serving the Only Risen Saviour.
2 Answers from Attorneys
Re: Is remimbersment possible?
If you file a law suit to collect the money the seller owes you, you need to file it in the county where the real estate is located. If the contract did not provide for payment or non-pay- ment, then you are entitled to return of the monies and efforts you expended. Another option is to file a mechanics lien in the recorder's office for the amount he owes you so that when the property is sold, the title company will pick up the lien and see that some of the sale proceeds go to you in satisfaction of the lien.
Re: Is remimbersment possible?
Whether you can recover under contract depends on the language of the agreement you signed. However, there are other theories under which you could recover. One is unjust enrichment where you provided labor and services from which the seller benefitted-suit would have to be brought in small claims court where the real estate is located.
Another way to recover would be to record a mechanics lien on the property-you would need a legal description to perfect the lien and would have to sue within one year of the recording of the lien-the lien could only be effective if recorded within 60 days of the last work performed
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