Legal Question in Real Estate Law in Nebraska
Painter placing a lien
When we closed on our property there was still some painting on the outside of the house that needed done. There was money in the escrow to cover this. The painter has now come back with a bill for $400 more than what was escrowed from the sellers. The Selling agent agreed to pay half and told him that we would pay the other half. We were never informed of the deal. Also he did his estimate without looking at the house. He now says that he is placing a lien on the house. Is this possible and if so what can we do? He didn't do a very good job and I don't think his work was worth another $400. Please advise!
1 Answer from Attorneys
Re: Painter placing a lien
Some of this will depend on how the purchase agreement was worded and if a separate document was created to define the terms of the money placed in escrow. If the selling agent did not have your authorization to negotiate with the painter, then you are not bound nor protected by the agreement between painter and agent. An estimate should have a reasonable resemblance to the final bill and painter will have to justify the difference in price with an explanation to the court. Painter may place a lien against the house. For the amount of money involved, your best option is to contact seller's agent and demand that he satisfy painter or you will file an action in small claims court against him, the painter, and the seller (if seller still resides locally). If he refuses, then file a claim in small claims court. You can get the instructions for small claims proceedings on the court's website.