Unexpected visitor tells homebuyers he was not paid for interior work; what are the ramifications for new owners?

Q: We had visited the home we bought months after attending the first open house. When we returned months after our initial visit, we noticed the new kitchen wall texture and paint, which replaced the ugly old kitchen wallpaper. The open house host bragged about the $1,500 improvement. She even showed us a detailed breakdown of this fourday work performed by the licensed painter. Last night we were enjoying our second dinner in the house when an unannounced visitor stopped by. It was the painter who was hired to remove the wallpaper. The painter explained he was paid $2,500 for exterior work in March. But, for reasons unknown, this painter was not paid for the interior wallpaper job in July. He wanted to take pictures of the kitchen wall redo, and we obliged. This morning, a colleague said contractors or suppliers stiffed by home sellers on a home for sale could then turn around and file a lien on that property even after it is sold to homebuyers. If so, what is the likelihood of that happening in our situation?

A: The painting contractor let the time frames elapse. If the improvements happened under a general contractor, the suppliers and subcontractors have 20 days to file a mechanics lien. If the painter was working for the home seller(s), he had 90 days to file a mechanics lien on your property. Escrow and title officers flush out details of recent work performed on properties in pursuit of avoiding mechanics liens.

This painting contractor’s best course of action is to start a letter-writing campaign by his attorney and start the small claims court process, and yes, even if the seller is out of state. To stiff someone is a term from restaurant and hotel workers in the 1930s, in the slang sense of “dead men” do not tip, which means, only failing to tip. By 1950, it began denoting cheating someone altogether. Lest we forget, a recent BANG newspapers story was titled “Bay Area traffic delays rank second longest in nation: Only Los Angeles is worse.” A stiffed contractor is also cheated out of his time while driving to and from a job site. By interrupting your dinner, he’s dead set on teaching a cheater who wins.

Questions? Friends don’t let friends make a move without consulting Realtor Pat, a Certified Real Estate Brokerage Manager at 408-245-7700 or Pat@Siliconvalleybroker.com. Broker License 00979413.