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.
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