sibling rivalry

Why do you want to pay attorneys to sort out things that you and your siblings should sit down and talk out?

You can all do lots of fun legal things to each other, but I'm guessing there are deeper issues that can explain most of what has happened so far...

I totally agree.... do not want problems but two siblings will provide no money or time on project and do not want to compensate after sale and equal split of profit.

Would you not want your time money and effort to be compensated?
All three will reep benefits of higher sales price from work but only one has done anything.

So talk it out. Attorneys / legal, you all lose...

Anyone with a rough relationship with a sibling will know that it's not as simple as "sitting down and talking it out". Sounds like you've already talked about it and this is where you are.

If I were you, I'd try and get everything determined on paper before starting any work. If the siblings aren't willing to split the cost now, they won't be later so, don't do the work and end up exactly where you knew you would be. Holding the bag while they reap from your investment and hard work.

If you can't come to a reasonable decision, your only options, IMO, are to either buy them out or sell the house as is and don't put any money into it.

Whether siblings or not, you're trying to make a verbal business agreement.

Always a tricky proposition.

Getting things sorted, in writing, before any work starts, is best.

It's a business deal before it's anything else.

I agree with you to a point. They were close enough to come to a VERBAL agreement prior to the current predicament, and begin this without counsel.

Why is it so hard to back up, unless our contractor is out in front of the agreement???

I am not pretending to know the situation, but will continue to watch for more info.

I am privvy to legal, but most are not. Going further can cost a lot if it's about emotional issues.

Re: sibling rivalry
First off, you're looking for freebie legal advice and that ain't happening here. You need to actually speak with and -- gasp! -- pay an attorney for this. But I'll give you a lil quick research so that you know what to ask.



Oral agreements are bad, bad, bad as ehBeth said. Always foolish to do business this way. However, there can be some proof of value shown with things like receipts for materials.



Now involved in a dispute -- no surprise there. Can the lien be put on? I don't know, this is getting into the legal advice area. Someone will have to do research on this question and that's where an attorney's expertise comes in.



Notice by realtor probably doesn't mean much. Pictures of what? Of the property before the improvements? Of the work being done? Of the smiling contractor's face? These are nice but aren't a replacement for an actual written agreement. Like I said before, receipts are helpful but they go to materials and not to labor.



One way to be compensated is to use the work as a buyout of one or both of the other siblings (would probably be better in the long run). But a contract for sale of real property has to be in writing (Statute of Frauds).

As for a mechanic's lien, it appears to be something used more for foreclosures but again this is where you actually sit down and talk to a lawyer.



My advice is unsurprising -- find an attorney who specializes in real property. Like I said before, doing a buyout is probably going to end up being the best thing all around but I would not broach that and would instead let the lawyer do it. Otherwise, you're courting bad feelings.

And, next time any sort of substantial work is to be done in any way, for anyone at any time, put it in writing.

Appreciate all the comments bad and good.
Have spoken to lawyer who is looking into options on lien.
Also this lawyer has presented a contract to all three siblings to go over and sign to avoid court and perhaps needing the lien.

Trying to mediate to avoid losing the profits we all hoped to gain in doing all work and materials ourselves.

And avoid losing any kindness left the siblings have for eachother.
Such a sad and sorry mess.

Again thanks... have a great holiday season and new year.

Establish a pre renovation sale price.

Buy out siblings. long term contract

Wait until renovations are done.

sell property.

Pay siblings the agreed pre renovation sale price.