Delaware Code Title 25 Sec. 2604 – Claim of lien
(a) The claim for a broker‘s lien shall attach to the commercial real estate upon the broker filing an affidavit and notice of broker’s lien in the form required in this chapter in the office of the recorder of deeds in the county (including any incorporated or unincorporated municipality located therein) where the commercial real estate is located. If the commercial real estate is located in more than 1 county, the affidavit and notice of broker’s lien shall be filed in the office of the recorder of deeds for each such county. Affidavits and notices of broker’s liens shall be indexed by the name of the person or entity charged and the name of the broker claiming the lien. The index shall also include the name of the person or entity charged, and the date and time the affidavit and notice of broker’s lien was filed. A fee for filing the affidavit and notice of broker’s lien shall be the same as for filing a miscellaneous document and shall be paid at the time of filing. The notice of broker’s lien shall be available to the public upon request. The broker who placed the lien shall within 10 days cause a copy to be served upon the person or entity charged by certified mail, return receipt requested, or process server. The return receipt or other official proof of delivery shall constitute presumptive evidence that the notice mailed was received by the party or party’s agent; and notation of refusal shall constitute presumptive evidence that refusal was by the party or party’s agent.
Terms Used In Delaware Code Title 25 Sec. 2604
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
- Broker: means any individual who holds a broker license from the Delaware Real Estate Commission and who for a compensation or valuable consideration, is self-employed or is employed directly or indirectly by a brokerage organization to sell or offer to sell, or to buy or offer to buy, or to negotiate the purchase, sale, or exchange of real estate, or to lease or rent or offer for rent any real estate, or to negotiate leases or rental agreements thereof or of the improvements thereon for others. See Delaware Code Title 25 Sec. 2602
- Brokerage agreement: means any written agreement for the payment for brokerage services of a broker for the management, sale, purchase, lease, or other conveyance or acquisition of commercial real estate. See Delaware Code Title 25 Sec. 2602
- Commercial real estate: means any estate or interest owned in:
- conveying: means a sale, lease, exchange, or other transfer of any estate or interest in commercial real estate. See Delaware Code Title 25 Sec. 2602
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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.
(b) If a broker has a brokerage agreement with a buyer or tenant for the buyer or tenant to compensate the broker, then the claim for lien pursuant to the notice of lien so filed according to subsection (a) of this section shall attach to the buyer’s or tenant’s estate or interest in the commercial real estate only upon either:
(1) The recording of the document conveying the commercial real estate to the buyer; or
(2) The signing of the lease by the landlord and tenant
whichever is applicable, and not before either of those events has occurred. Since in this instance the broker’s lien only attaches to the buyer’s or tenant’s interest in the property, it shall not be a lien upon the seller’s or landlord’s interest in the property even if it was filed prior to completion of the conveyance to the buyer or tenant.
(c) Notwithstanding the filing of an affidavit and notice of broker’s lien, the broker’s lien shall not be enforceable or enforced except as provided in § 2610 of this title. Notwithstanding any other provision in this chapter, the affidavit and notice of broker’s lien may only be filed by an attorney-at-law admitted to the bar of the Supreme Court of the State of Delaware and in good standing.