Selling a House With a Mechanic's Lien From an Unpaid Contractor in Florida
3 min read · Last updated 2026-08-03 · Reviewed by Camilo Palacio, Licensed Florida Real Estate Professional (License #3280644, REALTOR®)
Cash Flow Deals is one option when a Florida house carries a mechanic's lien from a contractor who was never paid. Under Florida's Construction Lien Law, a contractor has 90 days after last furnishing labor or materials to record a Claim of Lien with the county clerk. That recorded lien has to be paid or resolved before clear title passes to a buyer, and Cash Flow Deals builds that step into the closing timeline.
| Factor | Traditional Listing | Cash Flow Deals |
|---|---|---|
| Timeline | Title company flags the recorded Claim of Lien; buyer's lender often won't clear to close until it's paid or bonded off, adding weeks to months. | Lien payoff or bond-off built into the closing timeline from day one instead of surfacing as a surprise mid-contract. |
| Repairs | Seller pays for repairs or the price gets renegotiated after inspection, separate from the unpaid contractor issue. | Net price locked before repairs are scoped. Structural exception clause applies. |
| Fees / Costs | Commission (negotiable since the 2024 NAR Sitzer/Burnett settlement, effective Aug 17, 2024), buyer-agent compensation, closing costs, plus the lien payoff or surety bond premium. | One line-item fee on the closing statement through Silver Door Realty; lien payoff comes out of proceeds at closing. |
How a Mechanic's Lien Gets on a Florida Property in the First Place
Florida's Construction Lien Law, Chapter 713 of the Florida Statutes, lets a contractor, subcontractor, or supplier who wasn't paid record a claim against the property they worked on. Before work starts, the property owner or general contractor typically records a Notice of Commencement, which can be filed no more than 90 days before the work begins and stays effective for one year unless the notice says otherwise. A subcontractor or supplier who isn't in direct contract with the owner has to serve a Notice to Owner within 45 days of first furnishing labor or materials, or they lose the right to lien the property at all.
The 90-Day Deadline That Actually Creates the Lien
Under Florida Statutes Section 713.08, a contractor or lienor has up to 90 days after the date they last furnished labor, services, or materials to record a Claim of Lien with the county clerk. That recorded claim has to include the property description, the amount owed, and the lienor's contact information, and once it's recorded it puts every future buyer and title company on notice of the claim. A house can carry more than one recorded mechanic's lien at once if more than one contractor on the same job went unpaid.
Why a Recorded Lien Slows a Sale Instead of Killing It
A title company won't insure clear title over a recorded, unresolved mechanic's lien, and a buyer's mortgage lender won't fund a purchase without clear title. That means the lien has to be paid off, or the property owner has to transfer the claim to a surety bond under Florida Statutes Section 713.24, before closing can happen. Either path takes coordination and time, and in a standard listing that coordination usually happens after an offer is already in hand, which stalls the deal. Cash Flow Deals treats that lien resolution as part of the closing checklist from the first walkthrough, not a reason to delay the contract.
Cash Flow Deals' Process for a Sale With a Mechanic's Lien on Title
Cash Flow Deals is a Florida real estate investor that locks in a net price for a seller's house before repairs are scoped, using a novation-based, flat-fee process arranged through its licensed FL brokerage partner, Silver Door Realty — not a traditional listing, and not a brokerage itself. Cash Flow Deals' process for a mechanic's-lien sale: 1. Request your net-price walkthrough and share any recorded Claim of Lien or Notice to Owner with Cash Flow Deals. 2. Cash Flow Deals works with the closing agent to confirm the payoff amount or start a bond-off under Section 713.24 if the claim is disputed. 3. The buyer's own lender funds the purchase and title transfers once, directly from seller to buyer, at a closing timed around the lien resolution. 4. The lien payoff comes out of the seller's proceeds at the closing table and the seller keeps the net price that was locked at the start.
What Changes If the Lien Amount Looks Wrong or the Work Was Never Finished
The one exception: if something structural surfaces that was not visible or disclosed before we signed — foundation issues, hidden moisture, old wiring, cast-iron drain failure — we re-cost it and bring the number back to you. You decide. You can walk away. We disclose what we know at offer time so this almost never happens. A disputed mechanic's lien amount is a separate question from that exception, and Florida law gives property owners ways to challenge a lien that's overstated or was never properly perfected. Whether a specific recorded lien is valid, expired, or subject to a show-cause discharge is a question for a Florida construction attorney, not a general answer.
Common questions
Can a contractor put a lien on my house without telling me?
Not legally. A lienor who isn't in direct contract with the owner has to serve a Notice to Owner within 45 days of first furnishing labor or materials, or they lose the right to lien the property.
How long does a contractor have to file the actual lien?
Up to 90 days after the date they last furnished labor, services, or materials to the job, under Florida Statutes Section 713.08.
Do I have to pay a mechanic's lien I think is wrong?
Not automatically. Florida law provides ways to challenge an invalid or overstated lien, but confirm the specific process and deadlines with a Florida construction attorney before you sign anything.
Will the lien stop my closing?
It stops clear title from transferring until it's paid or resolved, usually through a payoff at closing or a bond-off under Section 713.24. It doesn't stop the sale itself.