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Updated over 5 years ago on . Most recent reply

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Kinjal S.
  • New Jersey
1
Votes |
21
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Contractor Dispute - Please Help!

Kinjal S.
  • New Jersey
Posted

Hello,

We recently got new siding done in our flip and the work is sloppy at best. When we pointed out the issues - they did some patch work that made it look even worse. We're not happy with the work at all as there are some very obvious issues that should've been addressed but the owner is refusing to do anything about it. In some areas of the siding - we can see the old siding that was there, in a place or two some pieces are hanging loose, the soffits are coming out, window trims look like it was done by a 10 yr old - all very legitimate issues to us. We gave him multiple chances to fix it but he is not doing anything about it. So we're holding his final payment (15%) since he has not completed the work. He says that we're being neat picky and has threatened us and told us that he will put a lien on the house. It was a small 1500 sq ft house and it took him 6 weeks to finish it - it was supposed to be done in 3 days. He had made our initial deposit of 50% over 3 months ago. He has been delinquent on his side this whole time. What are my legal options? We do not trust him to complete the job to our satisfaction and want to bring in someone else to complete it. We are in NJ - how do we fight his false lien and avoid problems during closing? 

Thank you!

Most Popular Reply

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Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
13,508
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23,418
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Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
Replied

@Kinjal S. Talk a local attorney familiar with your state lien laws. In most states, if he Giles a lien, you can “bond it off” from the property by placing a cash amount, usually 110-125% the amount of the lien in an escrow account. This allows the sale of the property, which kills the lienor’s biggest threat, then you can deal with it at your leisure. 

Typically you can contest it which shortens his required time to actually file suit to enforce the lien. 

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