Sec. 6. (a) A lien under this chapter attaches to commercial real estate or an interest in commercial real estate upon:

(1) the broker company being entitled to fees or commissions under a written agreement, a contract, or another instrument signed by the owner, buyer, or tenant of the commercial real estate, or by an authorized agent of the owner, buyer, or tenant; and

contract signature

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Terms Used In Indiana Code 32-28-12.5-6

  • broker company: has the meaning set forth in Indiana Code 32-28-12.5-0.5
  • commercial real estate: means any real estate other than:

    Indiana Code 32-28-12.5-1

  • Contract: A legal written agreement that becomes binding when signed.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • fees or commissions: means compensation owed to a broker company for performing services requiring a license under Indiana Code 32-28-12.5-2
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • real estate: has the meaning set forth in Indiana Code 32-28-12.5-4
(2) except as provided in sections 8 and 9 of this chapter, the broker company recording a notice of lien in the office of the recorder of the county in which the commercial real estate or an interest in the commercial real estate is located:

(A) before the recording of the deed for the actual conveyance or transfer of the commercial real estate against which the broker is claiming a lien, if the broker company claims fees or commissions from the party conveying or transferring an interest in the commercial real estate; or

(B) not later than ninety (90) days after the recording of the deed or other instrument for the purchase or other conveyance or transfer of the commercial real estate, if the broker company claims fees or commissions from the party receiving a conveyance or transfer of an interest in the commercial real estate.

     (b) A lien under this chapter attaches on the date of the recording of the notice of the lien under subsection (a)(2) and does not relate back to the date of the written agreement, contract, or other written instrument described in subsection (a)(1).

As added by P.L.78-2006, SEC.1. Amended by P.L.127-2012, SEC.52; P.L.116-2015, SEC.25.

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