Legal Question in Real Estate Law in Virginia
Property Lien
I hired a man to work at my mother in law's house. He knew it wasn't my property and any payment would be from her. He replied with, "She can pay me what she think it's worth." When the work was done, he came into the house to get paid. She gave him $200 and he said, "That's more than enough". Is that an oral contract? Who was the contract with? If it is an oral contract, how can he be suing my husband and trying to put a lien on the property? Any reply is greatly appreciated. Thank you!
1 Answer from Attorneys
Re: Property Lien
It is a contract, with you if you were not acting with your mother-in-law's authority, and with her if you were. Your mother in law fully performed, if the contract was what you said it was (but I doubt the workman agrees those were the terms of the contract). An oral contract is enforceable, but I don't see what your husband has to do with this unless he owns the property. If he did the work per a contract with someone with authority deriving from the owner, did not get paid, and strictly complies with the mechanic's lien law, he is entitled to a lien. You should see a lawyer, as there are certainly facts (and allegations) not stated that need to be considered.