Legal FAQ's
Commercial Lien
Q: I’m trying to enforce a lien on the seller’s proceeds pursuant to my brokerage agreement but the owner says I’m not entitled to a lien because I didn’t deliver the commission notice set forth in Sec. 475.705 to the owner at the appropriate time. May I be barred from enforcing a lien when I had no knowledge that the owner entered into a contract for sale of the property?
A: A broker may still enforce a lien even if there is no timely delivery of the commission notice only if: 1) the owner entered into a contract for sale of the property without the knowledge of the broker and a commission notice is delivered to the owner and closing agent before the closing agent disburses the owner’s net proceeds; and 2) the broker delivers to the closing agent a sworn affidavit stating that the commission notice was not timely delivered solely because the owner entered into a contract for the sale without the broker’s knowledge.
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