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CopyrightQuestion of the DayTerms

Question of the Day>Do your T&C include a lien on the house if not payment?8138

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DanSmigrod private msg quote post Address this user
Hi All,

The WGAN Forum Question of the Day for Thursday, 1 November 2018) is:

Do your terms and conditions include a lien on the house if not payment?

This question is inspired by this related WGAN Forum discussion by @Hometakes:

Quote:
Originally Posted by @hometakes
A lean on all 4 homes should do it [someone stiffs you]. I never thought I would ever have to use that clause but Im so glad I put it in there.

I got paid within 3 days of sending copies of the lean to the agent and her new broker. Yes folks, you can lean the property as you did a service on that property. And yes, as an agent who is representing the owner and gave you permission to do the work, it's legal. The owner never found out as thats the exact reason why I got paid so fast. The agent would have surely lost all 4 listings if the owners found out about the lean on their property.


Best,

Dan
Post 1 IP   flag post
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DanSmigrod private msg quote post Address this user
Hi All,

From the same WGAN Forum discussion ...


Quote:
Originally Posted by @Chemistrydoc
@hometakes

Oh, and Colin - great idea. I used that approach often in the construction industry, and it never failed to be effective. I would caution that lien law varies widely from state to state, but used wisely it can be very persuasive. Small claims court is also an effective tool, as the filing fees are generally low. You will have to take a day out of your schedule, but often it's the point of it that matters the most.

Would local Realtor Associations be of any assistance in this regard? I made an ethics claim against an area agent (not about non-payment), and I was pleasantly surprised how quickly my complaint was acted on, more or less to my satisfaction. I'm sure they won't want to be a de facto collections agency, but as in Colin's example, if an agent knowingly doesn't pay for work rendered, it becomes a real ethics issue.

KF


--

Best,

Dan
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immersivespaces private msg quote post Address this user
We have found that even mentioning an ethics complaint with the local realtor boards is very effective. If you include language that states the license to use your work is granted "upon payment received in full" then if they use your work without paying they are in violation of intellectual property rights rules that most MLS providers have in their bylaws. Here in Florida, the fine from the realtor board is $5000 per occurrence for violations. Reminding someone of that is usually a pretty efficient way of getting paid.

For construction/architectural/development contracts, the same thing generally applies. If you are efficient at defending your copyright (and registering your models with the copyright office), a simple infringement letter from your attorney can be very effective as well. Under federal copyright law, first-time copyright infringement cases can carry a fine of up to $250,000 and up to five years in prison. Not something a company wants to deal with so they usually pay the bill.

I have been in the commercial imaging business for over 20 years and of all the things we have come across over the years, using the defense of our copyright has always been the most effective way of protecting our work and getting paid.
Post 3 IP   flag post
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3dVuz private msg quote post Address this user
Guy don’t pay me I put a Lein on the side of his head...

Brooklyn.

Just kidding... or???
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