All Forum Posts by: John Clark

@John Clark No one told us it had been signed. And no one told us it hadn't been signed. 

We were under contract for a property and the seller went into arbitrage due to an unknown lien on the house. We filed an extension for the inspection so they could figure it out. When that cleared, we completed the inspection. The house had some significant electrical issues, so we decided not to move forward. After we cancelled the contract, we found out the seller had never signed the inspection extension and are now refusing to release the earnest money. Do we have any recourse here? They still allowed the inspection past the original date. Would that be considered implied consent?

Hey gang! I was wondering, is it common to have issues finding tenants who meet your credit criteria? I'm a new landlord and it seems every candidate is lower than what my fiancee and I are looking for. Also, should I consider compensating factors? I don't want to reject EVERYBODY because their credit scores are low. We just bought our duplex a month ago and we're not in a rush to fill the vacancy because we make enough for the mortgage and bills, but at this point I'm feeling like at least a 600 seems like a lot to ask for and I just never thought it was prior to being a landlord. Advice is appreciated!

What you guys do call this listing agent on Zillow and they refer you to your buyers agent? I have a real estate lawyer. I really don't need a buyer agent. I don't even know what they really do.

I saw a recent post about a mechanics lien. I have often heard the phrase 'file a mechanics lien" but what does that mean/ Wouldn't a court have to rule on the motion before the lien becomes valid?  Can a contractor simply make a filing and put a lien on your property without a court hearing? 

This morning I tried to get to the bottom of my insane water bill.

• Shut off the main water supply to my 3-unit building.

• Checked the meter — it stayed completely still.

• Turned the water back on — meter started moving right away, so it’s working fine.

Here’s the history: my water bill used to be about $475/month. Then it suddenly jumped to $700. I called the city, and they came out and installed a brand-new meter. After that, it went down slightly to $500… but now my latest bill is a whopping $1,500.

From my test this morning, it seems there’s no leak between the street and the building — the extra usage is happening inside. One unit has 1 tenant (rarely home), the second has 4 tenants, and the third has 5 — but the total usage is way above normal.

Has anyone dealt with something like this? How did you figure out which unit or appliance was causing the spike?

A contractor filed a mechanic’s lien against me but misspelled my name, so the lien doesn’t show under my legal name or the property in the Dallas county system. Only my counter-affidavit, filed under the correct name, shows up.

The lien is flawed:

• The work was unauthorized (he admitted this both in writing and over the phone).

• He agreed multiple times to be paid upon sale of the property (made in writing).

• He declined a good faith payment plan I offered multiple times on work he did by mistake, and even turned down the option to list the property for commission as he is also a realtor. At the time I wanted to salvage the relationship as I saw him as a potential mentor.

• He stated in writing there would be no additional fees, then added fees and demanded immediate full payment.

I documented all of this in my counter-affidavit visually with texts, emails, and a timeline.

Has anyone had a title company search a lien like this? Wondering if it would even flag, and how they'd treat something this sloppy. The house is edging towards completion and I want to offload it and move on to the deal as soon as possible.

Thanks in advance.