How can I recover money owed for home repairs?

Full question:

Its been two years + and I and my step son had a verbal agreement for me to do repairs to two differrent homes. The agreement was if I do the work he would supply the materials, but me and my wife (his mother) needed to make the payments on the property because we were living there at the time in order to make the repairs. Once the rework was done he would sell the properties and split the differences with us and also pay us for the materials that we paid for to repair the homes. How can I get the monies that he owes us ? Or am I out of luck at this point in time ???

Category: Contractors
Subcategory: Construction Liens
Date: 04/07/2025
State: Ohio

Answer:

To recover the money owed to you, consider whether your work was performed as a contractor. If your stepson owns the properties and your work benefited them, you might be able to file a mechanic's lien against the properties. In Ohio, a contractor, subcontractor, or material supplier can file a lien for unpaid labor or materials by submitting an Affidavit of Mechanic's Lien.

According to Ohio law, you must file this affidavit within sixty days after your last day of work if the properties are one or two-family residential dwellings. For other projects, the deadline is seventy-five days (O.R.C. 1311.06(B)). If you do not file within this time frame, any lien you attempt to place on the property will be unenforceable.

When filing a lien, you will need to provide details about your agreement with the property owner. If your stepson has already paid you in full, he may file an affidavit stating that payment has been made, which could prevent you from claiming a lien.

To protect against future disputes, it’s advisable to have written agreements detailing the terms of your work and payments. A lien waiver can also be requested when payments are made to prevent any claims against the property.

A lien gives you a legal claim to the property until the debt is paid. Depending on the situation, you may be able to foreclose on the property if the debt remains unpaid. Liens can usually be removed by paying the amount owed.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What voids a verbal agreement?

A verbal agreement can be voided if it lacks essential elements like mutual consent, consideration, or if it involves illegal activities. Additionally, if one party can prove they were misled or coerced into the agreement, it may also be deemed void. In some cases, certain agreements must be in writing to be enforceable, such as those involving real estate transactions. If you believe your verbal agreement is not being honored, consult a legal professional for guidance.

Do verbal agreements hold up in court?

Verbal agreements can hold up in court, but they are harder to enforce than written contracts. Courts may require evidence of the agreement's terms and the intent of both parties. If the agreement involves significant matters, like property transactions, it is advisable to have it in writing to avoid disputes. The enforceability of a verbal agreement can also depend on state laws and the specific circumstances of the case.

How long is a verbal agreement valid?

The validity of a verbal agreement does not have a specific time limit; it lasts until the terms are fulfilled or one party breaches the agreement. However, for certain types of agreements, such as those related to real estate, the statute of limitations may apply. In Ohio, for example, the statute of limitations for written contracts is generally 8 years, while for oral contracts, it is 6 years. Always consult a legal professional for specific situations.

How long does a verbal agreement last?

A verbal agreement lasts until the terms are fulfilled or one party breaches the agreement. There is no set expiration for verbal contracts, but certain agreements may be subject to statutes of limitations. For example, in Ohio, the statute of limitations for oral contracts is 6 years. It’s important to document agreements to avoid misunderstandings and disputes in the future.

What are the 5 requirements of a valid oral contract?

For an oral contract to be valid, it generally must meet five requirements: 1) Offer: One party must make a clear offer. 2) Acceptance: The other party must accept the offer. 3) Consideration: There must be something of value exchanged. 4) Mutual consent: Both parties must agree to the terms. 5) Capacity: Both parties must have the legal ability to enter into a contract. If these elements are present, the oral contract may be enforceable.