Texas Property Code

§ 62.061 — SUIT TO FORECLOSE LIEN

PR § 62.061Title 5. EXEMPT PROPERTY AND LIENS · Part B. LIENS · Ch. 62. BROKER'S AND APPRAISER'S LIEN ON COMMERCIAL REAL ESTATE · Art. D. ENFORCEMENT OF LIEN

Statute text

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(a)A broker may not bring a suit to foreclose a lien under this chapter unless the commission is earned and payable. A broker may bring a suit to foreclose a lien in any district court for the county in which the commercial real estate is located by filing a sworn complaint stating that the notice of lien has been recorded.

(b)A complaint in a suit filed under this section must contain:

(1)a brief description of the commission agreement that is the basis for the lien, including:

(A)a description of the disclosure of the broker's right to the lien contained in the commission agreement;

(B)the date on which the commission agreement was executed;

(C)the event for which a commission is considered to be earned; and

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Legislative history

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