Question 1

What is a vendee’s lien?

Accepted Answer

Vendee’s lien: an equitable lien in favor of a buyer (vendee) on real property when the buyer has made payments toward the purchase price but the seller (vendor) fails to convey the property. The lien: secures the buyer’s right to recover the payments made. The doctrine: is based on equity (it would be unjust for the seller to retain both the payments and the property). The vendee’s lien: arises by operation of law (it does not need to be created by agreement). In FL: the vendee’s lien is recognized as an equitable remedy when the seller breaches the purchase contract.

Question 2

When does a vendee’s lien arise?

Accepted Answer

Arises when: the buyer has entered into a valid purchase contract, the buyer has made payments toward the purchase price (earnest money deposit, down payment, or installment payments), the seller breaches the contract (fails to convey, cannot deliver marketable title, or refuses to close), and the buyer seeks to recover their payments. The lien: attaches to the property at the time the payments are made (not when the breach occurs). The vendee’s lien: is subordinate to: prior recorded liens (mortgages, judgments, and tax liens) and the seller’s rights under the contract. The buyer: may enforce the lien by: filing a lis pendens and suing for foreclosure of the lien.

Question 3

How does a vendee’s lien differ from a vendor’s lien?

Accepted Answer

Distinction: vendee’s lien (the buyer’s lien on the property: secures recovery of payments made when the seller breaches), and vendor’s lien (the seller’s lien on the property: secures payment of the purchase price when the seller has conveyed the property but has not received full payment). Both: are equitable liens that arise by operation of law. The vendee’s lien: protects the buyer’s investment. The vendor’s lien: protects the seller’s right to payment. In FL: both are recognized but the vendor’s lien is more commonly used (especially in seller-financed transactions).

Vendee's Lien

Vendee’s Lien

What It Is

When It Arises

vs. Vendor’s Lien

Related Terms

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