Texas Property Code 62.041 – Time to File
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(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.
Terms Used In Texas Property Code 62.041
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
(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.