Hello,
Hopefully, someone can help me with this. I am a new investor and just bought property in the state of Ohio. Prior to the purchase I asked for a recommendation from the realtor I was working with on a Home Inspector. The Inspector and I had a verbal agreement to inspect this home. He came back with a one page document that was nothing more than a checklist. I asked if there was more to it than this, and he proceeded to tell me that this is what he was asked to do. We argued so slightly on the manner seeing how our agreement was based on the higher of the two amounts he quoted. The inspector said for an additional money he would go and do the job I am NOW asking him to do. I asked the realtor if he used this inspector previously and he stated he used him quite a bit and was shocked to hear that the inspector only gave me a one-page document. There is no contract stating what work should be done (lesson learned) and as far as I am concerned he has yet to deliver a home inspection. He recently threatned to place a lien on the property if this is not paid. My question is... Does he (the inspector)have a leg to stand on?

Lex

Well, to the best of my knowledge, he can't place a lien on the property because he had nothing to do with improvements to the property or labor provided for those improvements. Leins are pretty specific, and following the rule of law is also pretty specific when it comes to liens.

The one-page report is pretty disconcerting. I would probably ask for my money back and hire someone else. Check www.nachi.org for some good home inspectors in your area.

Whether or not he agrees to refund your money, I would still get another home inspector to do a home inspection, and then file a claim in small claims court against the current home inspector.

None of this is legal advice since I'm not an attorney and don't live in Ohio.

I have not paid the inspector because he has yet to deliver an inspection. That is why he wants to file a lien against the property. I wanted to find out if this was a scare tactic on his part of trying to get something for nothing.

Agreeing with Russel Ray, here in the Land of Oz, the Wizard requires a public notice of public filing by contractor of interest before the work on improvements is started and before any subsequent public filing is made such as a lien. If it is as you say, then blow-it-and him off and get a ASHAE or NACHI inspector. If he persists remind him small claims court allows counter claims too.

I don't know what state you're in, Lex, but I don't know of any state where filing a lien on a property can be done for a home inspection fee. As I stated earlier, there are specific requirements and notices that must be performed, and a home inspection doesn't meet the requirements, and once the inspection has been done, it's already too late to provide the appropriate notices concerning liens.

So it is just a scare tactic, unfortunately one that some uneducated home inspectors use.

Thanks for the information. I'll be sure to be more cautious in choosing my home inspectors in the near future.

Lex

If I wanted to lien a property for something someone owed me for I would go to small claims court. After I got my judgement it would have to paid in 30 days if not I could go back to the court and they would enforce the judgement. It could be direct withdrawl of funds from a bank account, lein on real property, or garnishment. The person that owes would end up paying all court costs plus interest. This is not legal advice This is what I have gone through myself and have succesfully garnished wages of people that owed me.

Hey, Ohio Realtor.

The key to your post is that you went to Small Claims Court first and they decided how you would be paid.

It's difficult for an individual to put a lien directly on real estate. Such a lien is typically called a "mechanic's lien." And even those have a rigorous set of protocols that one must jump through in order to accomplish the goal. Many small contractors know that they can put a "mechanic's lien" on a property, but they don't know the process. So when they have to do it, they ultimately find that they can't do it because they didn't follow the very specific set of rules that must be followed. So they instead wind up in Small Claims Court, which can take a lot of time and be a lot of aggravation.

As I see it in Ohio he can not put a mechanics lein on the property as there was no signed contract which I think needs to be presented to place a mechanics lien on the property. In small claims it can be another can of worms because if the type of report was not discussed or if the inspector can say the this is his "normal and customary"

This is a completely unreasonable and unrealistic inspector who not only does not know how to run a business by getting signed agreements ahead of time but will never have any right to file a lien on the property.

This schmuck needs to come off this realtors list.

You can send a complaint to these organizations: http://www.homeinspector.org [American Society of Home Inspectors] and http://www.nshi.us/ [National Society of Home Inspectors]

It doesn't sound like he did his job and, unless he can provide you with a full inspection report, he should NOT have a leg to stand on.

Inspectors do have to abide by a code of ethics. Check and see if he's in violation of those.

Good luck.

Linda