Legal Question in Construction Law in Louisiana

liens on new homes

i am a real estate agent representing the buyer. what protection can i get for the buyer against liens that may be brought against the unlicensed builder from electricians, plumbers, material suppliers etc. we want him held accountable instaed of the home he built which means my buyers. this is in louisiana if that makes a difference

Asked on 1/10/08, 2:39 pm

1 Answer from Attorneys

Scott Wolfe Jr. Wolfe Law Group, LLC

Re: liens on new homes

It does make a difference that this is in Louisiana rather than in other states. When considering lien laws and requirements, each state is different, and even further, each project and each circumstance is different.

To summarize, the lien laws are hyper-technical, and very fact specific.

You ask what "protection" you can get to prevent future liens....

It is possible that the liens filed against your client will be unauthorized, and/or improper. However, there is no way to "prevent" the filing of that document. For better or worse, when someone presents a lien for filing with the recording office, the recording office will file.

You do have options once an improper lien is filed. Assuming it is improper, you can file a petition to have it, or file suit against the filer.

As you can expect, this is costly and procedurally intensive.

Whether a lien filed against your client is improper or not depends upon the circumstances of the project.

Good luck. Contact us if you have further inquiries.

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Answered on 1/12/08, 12:17 am


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