Legal Question in Construction Law in Massachusetts

securing a property lien

We recently built a new home but

the builder did not uphold his

promised closing date and

consequently, the P & S agreement

expired. We are no longer interested

in working with this builder or in the

property and have requested our

deposit back. They have balked on

the return of the money but instead

listed the property on the real estate

market. How quickly can we secure a

lien in Massachusetts?


Asked on 3/30/09, 11:22 am

2 Answers from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: securing a property lien

I'm not entirely clear whether you are looking for the return of a deposit paid to the builder for the new home, or a deposit made in connection with the Purchase and Sale Agreement.

Whether you are entitled to a return of your deposit in either case will depend upon whether you and the builder/seller complied with each of the terms of your agreement.

In order to secure a lien against the property of the builder, you will need to file a lawsuit and attach the property of the builder. That will likely prevent the transfer of the home to any prospective buyers, and may help the builder/seller decide to return the deposit.

Please do not hesitate to contact this office if you would like to schedule a consultation.

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Answered on 3/30/09, 11:54 am
Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: securing a property lien

Your question is unclear. Its difficult to determine from the description what exactly you want to do and whether or not your position is supportable. Feel free to contact me directly for a free initial office consultation concerning this matter.

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Answered on 3/30/09, 3:33 pm


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