Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 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. 8/30/1999.