Construction Liens – Repossession of Materials
Under what circumstances can a material supplier repossess the materials supplied for a project? If the materials have not yet been incorporated into the project and payment has not been made for those materials, the person who supplied those materials may peaceably repossess and remove the materials. (Florida Statutes Section 713.15.) After the repossession, the supplier has no lien on the real property or improvements and no right against any persons for the price of the materials, but has the same rights in regard to the materials as if he or she had never parted with their possession. This right to repossess materials is not affected by their sale, encumbrance, attachment, or transfer from the site of improvement, except that if the materials have been so transferred, the right to repossess them is not effective as against a purchaser or encumbrancer in good faith whose interest is acquired after such transfer from the site of the improvement or as against a creditor attaching after such transfer. The right of repossession and removal given by Section 713.15 extends only to materials whose purchase price does not exceed the amount remaining due to the person repossessing but where materials have been partly paid for, the person delivering them may repossess them upon refunding the part of the purchase price which has been paid.