Can An Interior Designer File A Lien Against Florida Real Estate?

Florida’s Lien Law grants lien rights to design professionals, including architects, engineers, interior designers, surveyors, and mappers, for their services in construction projects. The statute states that any interior designer with a direct contract with the property owner has a lien upon the property. Interior designers do not need to be licensed under Chapter 713.03, and in certain limited circumstances, they can pursue an unjust enrichment claim.

The lien law authorizes those who furnish labor and material to improve real property as well as those performing professional services, such as architects. Contractors, laborers, material suppliers, subcontractors, and professionals such as architects, landscape architects, interior designers, engineers, surveyors, and mappers can claim a lien on their property.

A Florida appeals court upheld an interior designer’s lien claim, determining they weren’t acting as an unlicensed general contractor. Interior designers also have special lien rights for personal property, such as furniture and lighting. The lien law allows interior designers to file a claim of lien against their client’s property for fees owed.

The owner argued that the interior decorator should not be entitled to any funds because she was illegally acting as a general contractor. In some cases, the owner argued that the interior decorator should not be entitled to any monies because she was illegally acting as a general contractor.

Can you sell a house with a lien on it in Florida?

Selling a home with a lien requires finding a buyer who agrees to assume or pay it off. If not possible, the lien must be cleared by paying it off in full before selling the home. Property liens can be voluntary or involuntary. Voluntary liens, such as mortgage liens, are less concerning as the seller agreed to them. Involuntary liens, like tax or code enforcement liens, can make selling personal property difficult as they indicate financial distress or ongoing disputes.

Fines and interest from liens can add up quickly, with code violation fines reaching $1, 000 per day. Depending on the city, you may be able to pay off the lien through a lien forgiveness or reduction program, provided you resolve the issue causing the violation.

Who can file a lien on property in Florida?

Florida Statute 713, Part 1 allows construction lien holders to enforce their claim for payment against your property if they are not paid in full. If your contractor fails to pay subcontractors or material suppliers, or fails to make other legally required payments, the owed money may look to your property for payment. If a lien is filed against your property, you cannot sell it and it could even be sold against your will to pay for outstanding costs.

What makes a lien invalid in Florida?

Claim of Liens are a legal document that requires the recording of labor and materials covered under a contract within 90 days of the final furnishing, excluding warranty or repair items. In Florida, a claim of lien is valid for one year after recording, and failure to foreclose within this timeframe will invalidate the lien and the right to file a claim. Other factors that can impact the validity of a claim include omitting required details, including detailed descriptions of property, the date of last work or materials provided, specific date of notice sent, other statutorily required dates, or neglecting to include a detailed, itemized list of services performed or materials provided on the job.

A common construction lien error is willfully exaggerating the recorded amount due and owed in a claim of lien. Filing an exaggerated or “fraudulent” lien is considered a felony in Florida, and a fraudulent lien is a complete defense to the lien. It may result in the discharge of the lien and potential liability for the lienor for damages related to the filing of the lien and associated attorney’s fees.

How do I get rid of a lien on my property in Florida?

In the event that a lien is neither enforced nor extended within the specified period, it may expire and become unenforceable. The most straightforward method for removing a lien is to settle the outstanding debt, which then obligates the lienholder to remove it from the property.

Do interior designers have lien rights in Florida?

A lien may be filed by contractors, laborers, materials suppliers, subcontractors, and professionals such as architects, landscape architects, interior designers, engineers, or land surveyors for work or materials on a given property.

How long does it take to file a lien on a property in Florida?

In Florida, the deadline for filing a mechanics lien is 90 days after last providing labor or materials to a project. The claimant must serve a copy of the lien to the property owner within 15 days after filing. Florida’s Construction Lien Law permits the filing of mechanics and materialmen’s liens. “Abandoned property” refers to tangible personal property disposed of in a wrecked, inoperative, or partially dismantled condition on public property. “Architect” refers to a person or firm authorized to practice architecture or a general contractor providing architectural services under a design-build contract.

Who can record a lien against a property in Florida according to the Florida Commercial Real Estate Sales Commission lien Act?

Florida real estate law allows brokers to record judgments to create a lien on property, allowing them to place a lien on a property if permitted by contract or law. Brokers can include a clause in their listing agreements allowing them to file a lien to protect their commission. A recorded lien not only helps in getting paid but also places a lien against the property, which must be resolved during the closing process.

It is advisable to have sales documents reviewed by a Florida real estate law attorney. Commercial real estate sales brokers have an automatic lien that can only be divested by contract, unlike residential broker lien rights.

How do I record a lien on a property in Florida?

In Florida, a creditor can attach a judgment lien by recording the judgment with the county recorder in the county where the debtor owns real estate or may own real estate in the future. For liens on personal property, the creditor files the judgment with the Florida Department of State. A judgment lien in Florida lasts for ten years for real estate liens and five years for personal property liens. Creditors’ ability to collect under a judgment lien is affected by factors such as a homestead exemption, other liens, foreclosure or bankruptcy proceedings, and a fixed value of the property.

How much does it cost to put a lien on a property in Florida?

Filing your own lien in Florida can be costly, with fees varying depending on the documentation and length of the paperwork. The cost can range from $10 for the first page to $8. 50 for each additional page. To view specific filing fees, visit your local county recorder. Filing your own lien requires meeting legal requirements, including proper documentation, accurate details, and meeting timelines. The correct amount of the lien is also crucial. While filing a lien can save money, it can also be risky, as missing important steps can result in an invalid lien or loss of claim rights.