A Contractor Did Work on the House Before You Bought It. Now It's Your Problem.

The previous owner had a contractor redo the kitchen. The work is done, it looks great, and it's helping the sale price. But if the contractor wasn't paid, that debt can follow the property to you.

That's how mechanic's liens work in Florida. They attach to the property itself, not just the person who ordered the work. As a buyer, you need to know what they are, how we find them, and what happens when one shows up.

What Is a Mechanic's Lien?

A mechanic's lien is a legal claim that contractors, subcontractors, and material suppliers can file against a property when they haven't been paid for work they performed. In Florida, this right is protected by statute, and it gives the unpaid party a legal interest in the property itself.

The term "mechanic's lien" can be misleading. It covers far more than auto mechanics. General contractors, plumbers, electricians, roofers, landscapers, and anyone who supplies materials to a job site can file one if they're not paid.

How Mechanic's Liens Attach to Property in Florida

Florida law has a specific framework for mechanic's liens. A contractor must record the lien in the county public records within 90 days of the last date of work. Before recording, they're usually required to serve a Notice to Owner, which gives the property owner a chance to respond.

Once recorded, the lien is part of the public record and attaches to the property. It doesn't matter that the current buyer had nothing to do with the unpaid work. The lien travels with the title.

How We Find Them in the Title Search

When we conduct a title search, we pull all recorded documents in the public record that affect the property. That includes any recorded mechanic's liens. We also look for Notices to Owner, which signal that a lien may be coming even if it hasn't been recorded yet.

If we find a mechanic's lien, it shows up in the title commitment as a requirement. The lien must be paid and released before we can close. We work with the seller's attorney to make sure that happens.

The trickier situation is a Notice to Owner with no recorded lien yet. That tells us a contractor has put the world on notice that they may file. We flag it, investigate the status of the underlying dispute, and address it before closing.

What Happens If a Lien Surfaces After Closing

This is where owner's title insurance becomes critical. If a properly recorded mechanic's lien slips through the title search, or if a lien is recorded after closing based on work done before closing, your owner's title insurance policy covers your defense costs and any resulting financial loss.

Without owner's title insurance, you'd be dealing with the claim yourself. In Florida, that means hiring an attorney, negotiating a resolution, and potentially paying the contractor's bill to clear the lien even though you didn't order the work.

https://www.youtube.com/watch?v=iZNF3bJ4dEQ

Contractor Work Done Before Your Closing: What to Watch For

If the property listing mentions recent renovations, additions, or major repairs, ask questions. Who did the work? Do you have lien releases from all contractors and subcontractors?

In Florida, sellers can provide a contractor's final affidavit at closing, which certifies that all contractors have been paid and no liens are outstanding. We review this document as part of every closing where recent work has been performed. It's one of the best protections a buyer has.

Protecting Yourself as a Florida Buyer

Our title search is your first line of defense against mechanic's liens. But we also recommend every buyer carry owner's title insurance as a backstop for anything that doesn't show up before closing.

If you're buying a property with recent construction or renovation history, bring it up early. We can look specifically at the timeline of work and advise you on what documentation to request from the seller.

Questions about mechanic's liens or your upcoming Florida closing? We're here to help.

📞 Call us at 813-576-3287