Legal Question in Real Estate Law in New York
what are my rights as a property owner
I purchased property with an unfinished home in 2006, a so called friend agreed to finish the house with the agreement that on the sale he would make 40% of the profit on the sale.This was because he would do the work and I`de lay out the $.His payment for the work was his share being he laid no $ out of pocket.I`ve paid for material and then some and the work was supposed to be done in 5 months tops.We are now at 15 mnths and I told him I`ll get someone to finish the job if he wouldn`t and he said he`ll put a lien on my house .everything was done verbally unfortunately.Can he sue me and do I have any rights for $ I have laid out to him personally?
1 Answer from Attorneys
Re: what are my rights as a property owner
W/o a written contract or Agreement, a contractor or laborer does not have grounds to claim a share or interest in the [increased] value of real property, they work on.
However, your "friend" MIGHT have a claim, in Equity, for the value of his labor.
Therefore, Suggest that you have a third party assess and determine the value of your "friend's" labor for work actually performed on your house. Then, make a "fair" payment offer, in order to attempt settlement of this dispute.
The money you already paid, not specifically allocatable to building materials, equipment and supplies, still existing on the premises, can be credited to your account and counted as an offset, to the total value of "wages" if this matter goes to Court.
But, you might consider letting it go, to "compel" your "friend" to settle; and as your "tithe" for a lesson learned.
Good luck,
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