Legal Question in Real Estate Law in New York
Upon the sale of my house, in the contract I agreed to provide the new homeowner a C.O. for an enclosed porch built 40 years ago and his lawyer held a $15000 escrow. In order to pass inspection, however, I wound up having to get him a new stoop and handrails. I wanted to get wood handrails for $500 and he insisted on iron ($1350). I agreed to put $500 toward the purchase of iron, but he is refusing to pay the remainder. I sent a $500 deposit to the iron company and they installed iron. I never signed a contract nor agreed to pay the remainder of the bill. Am I legally responsible for paying the iron company this bill, or is the homeowner ultimately responsible. Again, I never signed any contract nor agreed to pay the full price, and I believe the new homeowner had no right in the first place to decide upon the materials used.
1 Answer from Attorneys
I agree. Did you get your escrow money back? If you did and don't pay the balance of their bill, they will most likely file a mechanic's lien against the property, which you no longer have any interest in. Alternatively, you can pay the balance and sue the new homeowner for the $850, however, you should have a written agreement obligating him to pay the difference.