reglab/housing_qa huggingface dataset:
TX Prop § 62.025 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 62 - Broker's and Appraiser's Lien on Commercial Real Estate|Subchapter B. Broker's Lien|Section 62.025. Contents of Notice of Lien

Sec. 62.025.  CONTENTS OF NOTICE OF LIEN.  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 the following:(1)  a sworn statement of the nature and amount of the claim, including:(A)  the commission amount or the formula used to determine the commission;(B)  the type of commission at issue, including a deferred commission;  and(C)  the month and year in which the commission was earned;(2)  the name of the broker and the real estate license number of the broker;(3)  the name as reflected in the broker's records of any person who the broker believes is obligated to pay the commission under the commission agreement;(4)  the name as reflected in the broker's records of any person the broker believes to be an owner of the commercial real estate interest on which the lien is claimed;(5)  a description legally sufficient for identification of the commercial real estate interest sought to be charged with the lien;(6)  the name of any cooperating broker or principal in the transaction with whom the broker intends to share the commission and the dollar or percentage amount to be shared;  and(7)  a copy of the commission agreement on which the lien is based.|Added by Acts 1999, 76th Leg., ch. 1571, Sec. 1, eff. Aug. 30, 1999.|
TX Prop § 62.026 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 62 - Broker's and Appraiser's Lien on Commercial Real Estate|Subchapter B. Broker's Lien|Section 62.026. Notice of Filing

Sec. 62.026.  NOTICE OF FILING.  (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 business day after the date the broker files a notice of lien, the broker shall mail a copy of the notice of lien by certified mail, return receipt requested, or registered mail to:(1)  the owner of record of the commercial real estate interest on which the lien is claimed or the owner's authorized agent;  and(2)  the prospective buyer or tenant and any escrow agent named in a contract for the sale or lease of the commercial real estate interest on which the lien is claimed if:(A)  a binding written contract for the sale or lease of the commercial real estate interest is in effect between the owner and the prospective buyer or tenant in a transaction that is the basis for the commission;  and(B)  the binding written contract was executed by the owner and the prospective buyer or tenant before the date the notice of lien is filed.(c)  Service of the notice under Subsection (b) is complete when the notice is deposited in the United States mail, postage prepaid, and addressed to the persons entitled to receive the notice under this section.(d)  If the broker has actual knowledge of the identity of the escrow agent named in the contract for the sale or lease of the commercial real estate interest on which the broker claims a lien or of the escrow agent otherwise closing the sale or lease of the commercial real estate interest, the broker, before the first business day before the date that the sale or lease is closed on commercial real estate for which a notice of lien is filed, shall deliver a file-stamped copy or transmit a facsimile of a file-stamped copy of the notice of lien to each escrow agent at the office in which the closing of the sale or lease will occur for use during the closing of the sale or lease.  The broker shall deliver the copy or transmit the facsimile directly to the individual escrow agent responsible for closing the sale or lease if the broker knows that person's name.(e)  If the escrow agent receives the notice of lien, the escrow agent and other parties to the sale or lease may not close the transaction unless the lien is released, the prospective buyer or tenant purchases or leases the property subject to the lien, the funds are held in escrow as provided by Subchapter F,  or a bond is filed as provided by Subchapter G. (f)  If the broker fails to comply with this section, the notice of lien is void.|Added by Acts 1999, 76th Leg., ch. 1571, Sec. 1, eff. Aug. 30, 1999.|
TX Prop § 62.027 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 62 - Broker's and Appraiser's Lien on Commercial Real Estate|Subchapter B. Broker's Lien|Section 62.027. Inception of Broker's Lien

Sec. 62.027.  INCEPTION OF BROKER'S LIEN.  (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 of lien is recorded as provided by this chapter.  The lien does not relate back to the date of the commission agreement.(b)  A notice of lien for amounts earned by the broker under an installment contract or under a commission agreement for a deferred commission is enforceable only to the extent that the installment or commission has become payable.|Added by Acts 1999, 76th Leg., ch. 1571, Sec. 1, eff. Aug. 30, 1999.|
TX Prop § 62.028 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 62 - Broker's and Appraiser's Lien on Commercial Real Estate|Subchapter B. Broker's Lien|Section 62.028. Priority

Sec. 62.028.  PRIORITY.  (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, recorded before the date a broker's lien is recorded has priority over the broker's lien.(b)  A broker's lien on the commercial real estate interest of a person obligated to pay a commission is not valid or enforceable against a grantee, buyer, lessee, or transferee of the interest of the person obligated to pay the commission if the deed, lease, or instrument transferring the interest is recorded before the notice of the broker's lien is recorded.(c)  A purchase-money mortgage lien executed by the buyer of the commercial real estate interest has priority over a broker's lien claimed for the commission owed by the buyer against the commercial real estate interest purchased by the buyer.(d)  A mechanic's lien that is recorded after a broker's lien and that relates back to a date before the date the broker's lien is recorded has priority over the broker's lien.|Added by Acts 1999, 76th Leg., ch. 1571, Sec. 1, eff. Aug. 30, 1999.|
TX Prop § 62.029 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 62 - Broker's and Appraiser's Lien on Commercial Real Estate|Subchapter B. Broker's Lien|Section 62.029. Subordination

Sec. 62.029.  SUBORDINATION.  (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 first lien authorized by the buyer if the buyer:(1)  executes and files with the county clerk of the county in which the broker's lien is filed a memorandum that evidences the buyer's acknowledgment of the existence of the broker's lien;  and(2)  sends the broker, by certified mail, return receipt requested, or registered mail, a copy of the recorded memorandum required by this subsection.(b)  If the person obligated to pay the commission refinances a recorded first lien secured by that person's commercial real estate interest, the broker's lien is subordinate to the recorded refinanced first lien, regardless of the amount of the first lien after refinancing, if the person obligated to pay the commission:(1)  executes and files with the county clerk of the county in which the broker's lien is filed a memorandum that evidences the person's acknowledgment of the existence of the broker's lien;  and(2)  sends the broker, by certified mail, return receipt requested, or registered mail, a copy of the recorded memorandum required by this subsection.(c)  If the person obligated to pay the commission obtains an extension of credit secured by that person's commercial real estate interest, the broker's lien is subordinate to the lien securing the extension of credit if, according to the loan documents, the extension of credit is made only for the purpose of:(1)  repairing or renovating the commercial real estate;  or(2)  completing construction or providing additional improvements on the commercial real estate.(d)  If the person obligated to pay the commission furnishes a subordination agreement as provided by this section to be executed by the broker, the broker must:(1)  execute and acknowledge the subordination agreement before a notary public;  and(2)  return the subordination agreement to the person not later than the seventh day after the date the broker receives the subordination agreement and other documents the broker reasonably requests in order to determine that the subordination agreement complies with this section.|Added by Acts 1999, 76th Leg., ch. 1571, Sec. 1, eff. Aug. 30, 1999.|
TX Prop § 62.030 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 62 - Broker's and Appraiser's Lien on Commercial Real Estate|Subchapter B. Broker's Lien|Section 62.030. Mixed-Use Real Estate

Sec. 62.030.  MIXED-USE REAL ESTATE.  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 constitute commercial real estate.|Added by Acts 1999, 76th Leg., ch. 1571, Sec. 1, eff. Aug. 30, 1999.|
TX Prop § 62.031 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 62 - Broker's and Appraiser's Lien on Commercial Real Estate|Subchapter B. Broker's Lien|Section 62.031. Change in Use of Real Estate

Sec. 62.031.  CHANGE IN USE OF REAL ESTATE.  (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 of the lien was filed when the real estate was commercial real estate.(b)  The broker's lien is extinguished if:(1)  not later than the 360th day after the date on which the broker's commission is payable, the commercial real estate interest on which a broker claims a lien is zoned for single-family use or restricted for single-family use under recorded restrictive covenants;  and(2)  the zoning ordinances or restrictive covenants for single-family use are in effect until at least the second anniversary of the date the commission is payable.|Added by Acts 1999, 76th Leg., ch. 1571, Sec. 1, eff. Aug. 30, 1999.|
TX Prop § 62.041 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 62 - Broker's and Appraiser's Lien on Commercial Real Estate|Subchapter C. Time for Filing Notice of Lien|Section 62.041. Time to File

Sec. 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, Sec. 1, eff. Aug. 30, 1999.|
TX Prop § 62.061 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 62 - Broker's and Appraiser's Lien on Commercial Real Estate|Subchapter D. Enforcement of Lien|Section 62.061. Suit to Foreclose Lien

Sec. 62.061.  SUIT TO FORECLOSE LIEN.  (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 bring a suit to foreclose a lien in any district court for the county in which the commercial real estate is located by filing a sworn complaint stating that the notice of lien has been recorded.(b)  A complaint in a suit filed under this section must contain:(1)  a brief description of the commission agreement that is the basis for the lien, including:(A)  a description of the disclosure of the broker's right to the lien contained in the commission agreement;(B)  the date on which the commission agreement was executed;(C)  the event for which a commission is considered to be earned;  and(D)  the event for which a commission is considered to be payable;(2)  a description of the services performed by the broker;(3)  the amount of the payable commission that is unpaid;(4)  a description of the commercial real estate to which the lien attaches;  and(5)  other facts necessary for a full understanding of the rights of the parties.(c)  The broker must include as a defendant in a suit brought under this subchapter each person the broker believes to have an interest in the commercial real estate that is subordinate to or encumbered by the broker's lien.(d)  If the broker and a person against whom the broker claims a commission use alternative dispute resolution procedures to resolve a dispute concerning entitlement to the broker's commission, the broker's lien remains valid, and any suit to foreclose the lien is stayed until the alternative dispute resolution process is completed.|Added by Acts 1999, 76th Leg., ch. 1571, Sec. 1, eff. Aug. 30, 1999.|
TX Prop § 62.062 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 62 - Broker's and Appraiser's Lien on Commercial Real Estate|Subchapter D. Enforcement of Lien|Section 62.062. Statute of Limitations

Sec. 62.062.  STATUTE OF LIMITATIONS.  (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 before the second anniversary of the date the notice of lien is recorded.(b)  A broker claiming a lien to collect a deferred commission must bring a suit to foreclose the lien on or before the earlier of:(1)  the second anniversary of the date on which the commission is payable;  or(2)  the 10th anniversary of the date the lien is recorded or the 10th anniversary of the date the broker records a subsequent notice of the lien as a renewal of the broker's right to the lien, whichever date is later.(c)  A renewal of a notice of lien must state that it is a renewal of the broker's lien and must be recorded after the ninth anniversary after the date the original notice of lien or last renewal notice is recorded and on or before the 10th anniversary of the date the original notice of lien or last renewal notice is recorded.(d)  A broker claiming a lien for a commission that is payable must bring a suit to foreclose the lien not later than the 30th day after the date the broker receives a written demand to bring a suit to foreclose the lien from the owner of the commercial real estate interest on which the lien is claimed.(e)  If a suit to foreclose the lien is not brought within the period prescribed by this section, the lien is void.|Added by Acts 1999, 76th Leg., ch. 1571, Sec. 1, eff. Aug. 30, 1999.|
TX Prop § 62.063 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 62 - Broker's and Appraiser's Lien on Commercial Real Estate|Subchapter D. Enforcement of Lien|Section 62.063. Assessment of Costs, Fees, and Interest

Sec. 62.063.  ASSESSMENT OF COSTS, FEES, AND INTEREST.  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 commission becomes payable or the date the damage accrues.|Added by Acts 1999, 76th Leg., ch. 1571, Sec. 1, eff. Aug. 30, 1999.|
TX Prop § 62.081 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 62 - Broker's and Appraiser's Lien on Commercial Real Estate|Subchapter E. Release of Lien|Section 62.081. Release of Lien

Sec. 62.081.  RELEASE OF LIEN.  (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 on which a lien is claimed, the broker shall furnish to the owner a release of indebtedness and any lien claimed if:(1)  the debt that is the basis for the lien is satisfied;  or(2)  the lien is discharged under Section 62.022, rendered void under Section 62.026 or 62.062, or extinguished under Section 62.031.(b)  When a condition occurs that would preclude the broker from receiving a commission under the terms of the commission agreement that is the basis for the lien, the broker shall, not later than the 10th day after the date the broker receives a written request from the owner of the commercial real estate interest on which the lien is claimed, furnish to the owner a release of indebtedness and any lien claimed.(c)  Not later than the 10th day after the date a broker receives a written request for the release of the broker's lien from the escrow agent responsible for closing the purchase and sale of a commercial real estate interest on which the lien is claimed, the broker shall furnish to the escrow agent a release of indebtedness and any lien claimed if:(1)  the commercial real estate interest to which the lien attaches is subject to a contract for purchase and sale;(2)  the release of indebtedness and any lien claimed is conditioned on the closing of the transaction;  and(3)  the broker would otherwise be obligated to release the indebtedness and any lien claimed under Subsection (a) or (b) on the closing of the transaction.(d)  A release of lien must be in a form that permits the instrument to be filed of record.|Added by Acts 1999, 76th Leg., ch. 1571, Sec. 1, eff. Aug. 30, 1999.|
TX Prop § 62.101 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 62 - Broker's and Appraiser's Lien on Commercial Real Estate|Subchapter F. Escrow of Disputed Amounts|Section 62.101. Escrow Account

Sec. 62.101.  ESCROW ACCOUNT.  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 mortgage of the commercial real estate interest subject to the lien and would prevent the closing of the transaction or conveyance or if a claim for a lien under a recorded notice of lien does not survive the closing, any person named in the notice of lien as obligated to pay the commission shall, on the date of the closing:(1)  establish an escrow account from any net proceeds of the transaction or conveyance in an amount equal to the amount sufficient to satisfy the lien plus 15 percent of that amount;  or(2)  file a bond to indemnify against the lien as provided by Subchapter G. |Added by Acts 1999, 76th Leg., ch. 1571, Sec. 1, eff. Aug. 30, 1999.|
TX Prop § 62.102 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 62 - Broker's and Appraiser's Lien on Commercial Real Estate|Subchapter F. Escrow of Disputed Amounts|Section 62.102. Named Escrow Agent

Sec. 62.102.  NAMED ESCROW AGENT.  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 named escrow agent.|Added by Acts 1999, 76th Leg., ch. 1571, Sec. 1, eff. Aug. 30, 1999.|
TX Prop § 62.103 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 62 - Broker's and Appraiser's Lien on Commercial Real Estate|Subchapter F. Escrow of Disputed Amounts|Section 62.103. Costs of Interpleader

Sec. 62.103.  COSTS OF INTERPLEADER.  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 Leg., ch. 1571, Sec. 1, eff. Aug. 30, 1999.|
TX Prop § 62.104 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 62 - Broker's and Appraiser's Lien on Commercial Real Estate|Subchapter F. Escrow of Disputed Amounts|Section 62.104. Refusal to Establish Escrow Account or Bond

Sec. 62.104.  REFUSAL TO ESTABLISH ESCROW ACCOUNT OR BOND.  (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 62.101 if:(1)  the broker provides a copy of the notice of lien that complies with Sections 62.025 and 62.026;(2)  sufficient proceeds will result from the proposed transaction for the payment of the commission and costs of the interpleader;  and(3)  the broker executes and delivers a full release of the broker's lien in a recordable form.(b)  A prospective buyer of a commercial real estate interest may not refuse to close the purchase solely because a broker's lien is filed after the date a title commitment or abstract of title relating to the interest is issued if an escrow account is established as provided by this subchapter or a bond is filed as provided by Subchapter G. |Added by Acts 1999, 76th Leg., ch. 1571, Sec. 1, eff. Aug. 30, 1999.|
TX Prop § 62.105 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 62 - Broker's and Appraiser's Lien on Commercial Real Estate|Subchapter F. Escrow of Disputed Amounts|Section 62.105. Term of Escrow Account

Sec. 62.105.  TERM OF ESCROW ACCOUNT.  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 a written agreement of the parties, a court order, or an alternative dispute resolution process agreed to by the parties;(2)  the broker's lien is no longer enforceable;  or(3)  the funds are interpled into a district court for the county in which the commercial real estate is located.|Added by Acts 1999, 76th Leg., ch. 1571, Sec. 1, eff. Aug. 30, 1999.|
TX Prop § 62.106 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 62 - Broker's and Appraiser's Lien on Commercial Real Estate|Subchapter F. Escrow of Disputed Amounts|Section 62.106. Extinguishment of Lien Upon Escrow

Sec. 62.106.  EXTINGUISHMENT OF LIEN UPON ESCROW.  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 proceeds in the escrow account.|Added by Acts 1999, 76th Leg., ch. 1571, Sec. 1, eff. Aug. 30, 1999.|
TX Prop § 62.121 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 62 - Broker's and Appraiser's Lien on Commercial Real Estate|Subchapter G. Bond to Indemnify Against Lien|Section 62.121. Bond

Sec. 62.121.  BOND.  (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 to indemnify against the lien.(b)  The bond shall be filed with the county clerk of the county in which the commercial real estate subject to the lien is located.|Added by Acts 1999, 76th Leg., ch. 1571, Sec. 1, eff. Aug. 30, 1999.|