68 Pa. Stat. § 1061

Current through Pa Acts 2024-53, 2024-56 through 2024-79
Section 1061 - Waiver prohibited
(a) General rule.--Except as provided in subsection (b), an agreement to waive the right to a lien under this act made contemporaneously with the signing of the listing agreement, whether dated on the date of the listing agreement or thereafter, shall be void and unenforceable.
(b) Discharge of lien.--Any lien filed hereunder shall, upon petition of the party subject to the broker's lien or any party in interest, be discharged as a lien against the commercial real estate whenever a sum equal to the amount of the putative lien against the commercial real estate shall have been deposited with the court in said proceedings for application to the payment of the amount finally determined to be due.
(c) Refund of access.--Any excess of funds paid into court as aforesaid over the amount of the claim determined to be paid therefrom shall be refunded to the party depositing same upon application for a refund.
(d) Security in lieu of cash.--In lieu of the deposit of any sum or sums, approved security may be entered in such proceedings in double the amount of the required deposit or in such lesser amount as the court shall approve which, however, shall in no event be less than the full amount of such required deposit, and the entry of such security shall entitle a party to have the broker's lien discharged to the same effect as though the required sums had been deposited in the court aforesaid.
(e) Authority of court.--The court, upon petition filed by any party and after notice and hearing, may upon cause shown:
(1) require the increase or decrease of any deposit or security;
(2) strike off security improperly filed; and
(3) permit the substitution of security and enter an exoneration of security already given.

68 P.S. § 1061

1998, March 20, P.L. 199, No. 34, § 11, effective in 60 days.