Property Manager · Member since 2018 · 156 posts · 8 votes
7y
i am selling a lot, and it was under contract. the time expired, and after the time the buyer writes that he wants to buy the lot and will file a lien if i do not sell it to him. can he do that?
Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
7y
@Jacob G. If what you say is true, no, he can not file a Valid lien.
And by him filing a “lien”, what he means is....he could file an affidavit which states he Currently has a valid contract to purchase the property....this Could cause a problem for you when you go to close with another buyer, as it would show up on a title report. It’s not really a “lien” but a type of “interest”.
This a strategy, and sometimes an extortion type game, where they try to prevent you from selling to someone else.....it’s Proper use is to protect them when they Do have a valid contract on the property.
Clarification needed: did You refuse to close the sale or did the buyer fail to close on time? Was there anything else that occurred during the contract...another discovered lien, title issue, etc. ?
If He failed to close on time, he has no legal basis to file the affidavit or memorandum of contract. Let him know you know this, and you will absolutely use him for damages if he does.
If you want to get more specific in private, you can message me.