Texas Property Code

§ 62.022 — WAIVER, RELEASE, OR DISCHARGE OF LIEN; ASSUMPTION OF COMMISSION OBLIGATION

PR § 62.022Title 5. EXEMPT PROPERTY AND LIENS · Part B. LIENS · Ch. 62. BROKER'S AND APPRAISER'S LIEN ON COMMERCIAL REAL ESTATE · Art. B. BROKER'S LIEN

Statute text

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(a)Except as provided by Subsection (b), the waiver of a broker's right to a lien under this chapter, or a release given for the purpose of releasing the broker's lien before the commission is satisfied or forgiven, is void.

(b)A broker's entitlement to a lien on the interest of an owner or tenant in commercial real estate shall be automatically waived if:

(1)the commission is earned and payable for services provided relating to a lease transaction; and

(2)the commission agreement is included as a provision of the lease agreement.

(c)A lien under this chapter is discharged by:

(1)a court order discharging the lien;

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Legislative history

Added by Acts 1999, 76th Leg., ch. 1571, Sec. 1, eff. Aug. 30, 1999.