Texas Property Code - Section 62.041. Time To File
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Texas Laws > Property Code > Texas Property Code - Section 62.041. Time To File
§ 62.041. TIME TO FILE. (a) If a broker has earned a
commission under a commission agreement signed by a seller or the
seller's authorized agent, a broker must record a notice of lien:
(1) after the commission is earned; and
(2) before the conveyance of the commercial real
estate interest on which the broker is claiming a lien.
(b) If a broker has earned a commission under a commission
agreement signed by a prospective buyer or a prospective buyer's
authorized agent, the broker must record a notice of lien:
(1) after the buyer acquires legal title to the
commercial real estate interest on which the broker is claiming a
lien; and
(2) before the buyer conveys the buyer's commercial
real estate interest on which the broker is claiming a lien.
(c) If the lien is based on a lease transaction, the broker
must record a notice of lien after the commission is earned and
before the earlier of:
(1) the 91st day after the date the event for which the
commission becomes payable occurs; or
(2) the date the person obligated to pay the
commission records a subsequent conveyance of that person's
commercial real estate interest after executing the lease agreement
relating to the lease transaction for which the lien is claimed.
(d) If a notice of lien is not filed within the time required
by this section, the lien is void.
Added by Acts 1999, 76th Leg., ch. 1571, § 1, eff. Aug. 30, 1999.
Section: 62.025 62.026 62.027 62.028 62.029 62.030 62.031 62.041 62.061 62.062 62.063 62.081 62.101 62.102 62.103
Last modified: August 11, 2007
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