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Real estate question

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skipperDawg

Senior
Dec 23, 2023
531
456
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Need pack help…
Selling property in ms. Next door neighbor claims I owe him for shared fence he constructed 2.5 years ago.
(I told him 2.5 years ago I would share cost after he presented me quote.
Never happened. The fence was a picture frame 24’ wide. He said it cost 7000 to construct.) house is in escrow and will close in 2 weeks.
Question is could an individual place a lien on house to prevent closing?
And how long after work is finished does he have to file a lien?
Bottom line this guy tried to tell me the 3 sections of pictures frame fence cost 7000.
 
Dawgbite

Dawgbite

All-American
Nov 1, 2011
7,619
7,182
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Can’t help you with that but I don’t think legally he can do anything. I just sold our house, closed yesterday and learned something. Our local garbage collection puts a lien on property every month until the bill is paid. That’s not even late payment. Our sale spread out over two months and both months the closing attorney would call me and tell me there was a lien on my house even though the bill was on a draft. I’d have to call and get the lien resolved. Attorney said that he’s seeing pe move and selling months later but they stop paying the garbage pickup but the billing continues and it becomes a point of contention when it sells.
 
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ZombieKissinger

ZombieKissinger

All-American
May 29, 2013
4,309
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There’s not consideration based on what you described. Do not take this as legal advice. Also, I’m an idiot

edit: or at least not for the full amount
 
A

ArgusDawg

Redshirt
Sep 30, 2022
2
6
3
skipperDawg said:
Need pack help…
Selling property in ms. Next door neighbor claims I owe him for shared fence he constructed 2.5 years ago.
(I told him 2.5 years ago I would share cost after he presented me quote.
Never happened. The fence was a picture frame 24’ wide. He said it cost 7000 to construct.) house is in escrow and will close in 2 weeks.
Question is could an individual place a lien on house to prevent closing?
And how long after work is finished does he have to file a lien?
Bottom line this guy tried to tell me the 3 sections of pictures frame fence cost 7000.
Click to expand...
He had 90 days after work was complete to file a lien. You're good.
 
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skip dog

skip dog

Sophomore
Nov 15, 2005
780
150
43
2 things.....I am assuming "picture frame" means good neighbor fence? if so, then the going rate for a 6' good neighbor built with cypress and 6x6 post is around 27/30 a foot, and if you go with Cedar, then 30 to 35 a foot.........

if you offered to pay half and he did not take you up on it by presenting a quote or invoice, you could tell him you offered long ago and he never said anything so you just figured he was going above and beyond to be neighborly......what he is doing now is just not in good faith, and I would probably dig my heals in myself, but you could offer him a few hundred (assuming 24 foot wide is 24 linear feet of fence run, or 3 8' sections of fence w/ 4 6x6" posts?)...........7000 sounds like a very made up number and the primary reason why he is not presenting you a quote / final invoice.

So, not promoting you being un-neighborly, but tell him to present you a invoice that you can confirm with the installer, and if he can't do that, then tell him sorry

Also, if you want to be that guy, call a reputable fence company and ask them to look at this fence and provide you a complimentary quote if it had to be replaced
 
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Leeshouldveflanked

All-American
Nov 12, 2016
12,490
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Come At Me Bro How Bow Dat GIF
 
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PooPopsBaldHead

PooPopsBaldHead

All-American
Dec 15, 2017
8,683
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So he paid $300 a linear foot for a fence? That's more than I paid for a custom died concrete retaining wall that is 12" thick, 6-1/2' tall at its peak, with a 3' deep stem wall attached to an 18" x 36" footer.
1000019790.png
I'd beat him to death with one of those dolphin sculptures on principle. Or I could have my wife give you instructions on how to keester him with one.
 
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D

Dawg Raid

Junior
Jun 14, 2021
130
232
42
Sounds like you should have kept your word. Also sounds like yall should have went in together with the contractor to make sure you weren’t getting a bad deal
 
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TaleofTwoDogs

TaleofTwoDogs

All-Conference
Jun 1, 2004
3,885
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I'm not an attorney but offer this sage advice:

Since he never fulfilled the requirement to present you with a fence quote for the work, then a verbal contract probably doesn't exist. I also assume that there were no witnesses to this agreement. This fact would also make it hard for him to prove that a contract existed.

Also some pointers:

Proving the Existence of an Oral Contract in Court​

Since oral contracts lack a written record, proving their existence can be difficult. Courts typically rely on the following evidence:
  • Witness Testimony – Individuals who were present during contract discussions can testify to the agreement’s terms.
  • Written Communication – Emails, text messages, or notes referencing the agreement can serve as supporting evidence.
  • Actions Taken by Both Parties – If both parties acted as if a contract was in place (e.g., partial payments made, services rendered), this can help prove its existence.
  • Circumstantial Evidence – Statements, past dealings, and documented interactions can demonstrate an implied agreement.

He probably can just pound sand.
 
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S

skipperDawg

Senior
Dec 23, 2023
531
456
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PooPopsBaldHead said:
So he paid $300 a linear foot for a fence? That's more than I paid for a custom died concrete retaining wall that is 12" thick, 6-1/2' tall at its peak, with a 3' deep stem wall attached to an 18" x 36" footer.
View attachment 860647
I'd beat him to death with one of those dolphin sculptures on principle. Or I could have my wife give you instructions on how to keester him with one.
Click to expand...
I love it. I’ve got a dolphin statue that would fit comfortably up his ***.
Send me one of those pizzas
 
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R

ronpolk

All-Conference
May 6, 2009
8,762
3,800
113
skipperDawg said:
Need pack help…
Selling property in ms. Next door neighbor claims I owe him for shared fence he constructed 2.5 years ago.
(I told him 2.5 years ago I would share cost after he presented me quote.
Never happened. The fence was a picture frame 24’ wide. He said it cost 7000 to construct.) house is in escrow and will close in 2 weeks.
Question is could an individual place a lien on house to prevent closing?
And how long after work is finished does he have to file a lien?
Bottom line this guy tried to tell me the 3 sections of pictures frame fence cost 7000.
Click to expand...
This guy has been sitting around just mad as hell at you for 2.5 years for stiffing him on that fence.
 
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ETK99

ETK99

All-American
Jul 30, 2019
7,215
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It's a good thing the OP didn't mention agreeing to it in his post*
 
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P

patdog

Heisman
May 28, 2007
53,146
20,287
113
Not a lawyer but I think anyone can file a lien for anything. I doubt he could enforce it but he might could screw up your closing. I’d talk to a good real estate attorney.
 
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theoriginalSALTYdog

theoriginalSALTYdog

All-Conference
Jul 10, 2021
1,215
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skipperDawg said:
Need pack help…
Selling property in ms. Next door neighbor claims I owe him for shared fence he constructed 2.5 years ago.
(I told him 2.5 years ago I would share cost after he presented me quote.
Never happened. The fence was a picture frame 24’ wide. He said it cost 7000 to construct.) house is in escrow and will close in 2 weeks.
Question is could an individual place a lien on house to prevent closing?
And how long after work is finished does he have to file a lien?
Bottom line this guy tried to tell me the 3 sections of pictures frame fence cost 7000.
Click to expand...
Since you knew the fence was being constructed you'd think the two of you would've had some dialogue long before now.
 
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Drebin

Drebin

Heisman
Aug 22, 2012
18,930
18,673
113
skipperDawg said:
Need pack help…
Selling property in ms. Next door neighbor claims I owe him for shared fence he constructed 2.5 years ago.
(I told him 2.5 years ago I would share cost after he presented me quote.
Never happened. The fence was a picture frame 24’ wide. He said it cost 7000 to construct.) house is in escrow and will close in 2 weeks.
Question is could an individual place a lien on house to prevent closing?
And how long after work is finished does he have to file a lien?
Bottom line this guy tried to tell me the 3 sections of pictures frame fence cost 7000.
Click to expand...
He can't do that legally. You paying for half of it was the right thing to do initially if you benefitted from it. But he needs to present an invoice for the work and not just say "trust me bro, it was 7k." But he can't make you pay for it.
 
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patdog

Heisman
May 28, 2007
53,146
20,287
113
Drebin said:
He can't do that legally. You paying for half of it was the right thing to do initially if you benefitted from it. But he needs to present an invoice for the work and not just say "trust me bro, it was 7k." But he can't make you pay for it.
Click to expand...
That’s what I think. If he said he’d pay half, he should pay half. But only after the neighbor shows him the invoice & cancelled check or other proof of payment. I think the neighbor can file a lien (heck I could if I knew his address) that would mess up his closing. Of course he could sue & get it removed & maybe collect damages from the neighbor. He needs to talk to a good real estate attorney to get this resolved before closing.
 
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J

JackShephard

Senior
Sep 27, 2011
1,390
483
83
Let this be a lesson to us all. Don't go "in" on stuff with your neighbors. Tell them to back it the required distance from the property line and knock themselves out.
 
I

idog

Freshman
Aug 17, 2010
576
63
28
Ain’t no way. In a couple weeks he’s no longer you’re neighbor and if he’s telling you 7k he’s never been your “neighbor”.
 
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