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Texas Property Code - Chapter 62 Broker's And Appraiser's Lien On Commercial Real EstateLegal Research Home > Texas Lawyer > Property Code > Texas Property Code - Chapter 62 Broker's And Appraiser's Lien On Commercial Real Estate This chapter may be cited as the Broker's and Appraiser's Lien on Commercial Real Estate Act. Added by Acts 1999, 76th Leg., ch. 1571, § ... (a) This chapter applies only to real estate that is commercial real estate on the date the notice of lien is filed under this chapter. ... In this chapter: (1) "Broker" means a person who: (A) is licensed as a broker under Chapter 1101, Occupations Code, and is not acting as ... (a) A commission is payable at the time provided in the commission agreement. If payment of the commission is conditioned on the occurrence of an ... A seller, lessor, buyer, or tenant shall send any notice required to be sent to the broker under this chapter to the broker: (1) at ... (a) A broker has a lien on a seller's or lessor's commercial real estate interest in the amount specified by the commission agreement if: (1) ... (a) Except as provided by Subsection (b), the waiver of a broker's right to a lien under this chapter, or a release given for the ... If requested by the buyer, the buyer's authorized agent, or the escrow agent for the commercial real estate transaction, the seller of commercial real estate ... (a) A broker claiming a lien under this chapter may not file a notice of lien unless the commission on which the lien is based ... The notice of lien must be signed by the broker or by a person authorized to sign on behalf of the broker and must contain ... (a) In this section, "business day" means a day other than a Saturday, Sunday, or holiday recognized by this state. (b) Not later than one ... (a) A broker's lien attaches to the commercial real estate interest owned by the person obligated to pay the commission on the date the notice ... (a) A recorded lien, mortgage, or other encumbrance on commercial real estate, including a recorded lien securing revolving credit and future advances for a loan, ... (a) If the person obligated to pay the commission sells that person's commercial real estate interest, the broker's lien is subordinate to a recorded purchase-money ... If real estate is zoned or restricted for more than one use, the broker's lien attaches only to the portions of the real estate that ... (a) Except as provided by Subsection (b), any change in the use of the real estate does not affect a broker's lien if the notice ... (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) A broker may not bring a suit to foreclose a lien under this chapter unless the commission is earned and payable. A broker may ... (a) Except as provided by this section, a broker claiming a lien under this chapter must bring a suit to foreclose the lien on or ... The prevailing party in a suit brought under this subchapter is entitled to court costs, reasonable attorney's fees, and prejudgment interest from the date the ... (a) Not later than the fifth day after the date a broker receives a written request from the owner of a commercial real estate interest ... If a claim for a lien under a recorded notice of lien is not paid or assumed at the closing of a sale, lease, or ... If an escrow agent is named in the contract on which the transaction or conveyance is based, the escrow account shall be established with the ... Related costs for any interpleader action may be deducted from the escrow account by the person maintaining the escrow account. Added by Acts 1999, 76th ... (a) A party may not refuse to close a transaction because of the requirement to establish an escrow account or bond as provided by Section ... The amount held in escrow shall be held in escrow until: (1) the rights of the parties claiming the amount in escrow are determined by ... When the escrow account is established under this subchapter, the broker's lien against the commercial real estate is extinguished and becomes a lien on the ... (a) If a lien is fixed or is attempted to be fixed by a recorded instrument under this chapter, any person may file a bond ... The bond must: (1) describe the commercial real estate on which the lien is claimed; (2) refer to the lien claimed in a manner sufficient ... (a) After the bond is filed, the county clerk shall issue notice of the bond to all named obligees. (b) A copy of the bond ... (a) The county clerk shall record the bond, the notice, and a certificate of mailing in the real property records. (b) In acquiring an interest ... (a) A party making or holding a lien claim may not sue on the bond later than the last date on which a person may ... (a) An owner or tenant may file suit against a broker under this chapter. (b) In an action filed under this section, the court shall ... (a) A broker may file suit against an owner or tenant to enforce a commission agreement. (b) If the court finds that the broker waived ... Last modified: August 10, 2007 |