Tex. Prop. Code Section 62.062
Statute of Limitations

(a)

Except as provided by this section, a broker claiming a lien under this chapter must bring a suit to foreclose the lien on or before the second anniversary of the date the notice of lien is recorded.

(b)

A broker claiming a lien to collect a deferred commission must bring a suit to foreclose the lien on or before the earlier of:

(1)

the second anniversary of the date on which the commission is payable; or

(2)

the 10th anniversary of the date the lien is recorded or the 10th anniversary of the date the broker records a subsequent notice of the lien as a renewal of the broker’s right to the lien, whichever date is later.

(c)

A renewal of a notice of lien must state that it is a renewal of the broker’s lien and must be recorded after the ninth anniversary after the date the original notice of lien or last renewal notice is recorded and on or before the 10th anniversary of the date the original notice of lien or last renewal notice is recorded.

(d)

A broker claiming a lien for a commission that is payable must bring a suit to foreclose the lien not later than the 30th day after the date the broker receives a written demand to bring a suit to foreclose the lien from the owner of the commercial real estate interest on which the lien is claimed.

(e)

If a suit to foreclose the lien is not brought within the period prescribed by this section, the lien is void.

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

Source: Section 62.062 — Statute of Limitations, https://statutes.capitol.texas.gov/Docs/PR/htm/PR.62.htm#62.062 (accessed Apr. 29, 2024).

62.001
Short Title 62.002
Applicability 62.003
Definitions 62.004
Payable Commission and Earned Commission 62.005
Broker’s Address for Receipt of Notice 62.021
Person Entitled to Lien 62.022
Waiver, Release, or Discharge of Lien 62.023
Affidavit Identifying Broker 62.024
Filing of Notice of Lien 62.025
Contents of Notice of Lien 62.026
Notice of Filing 62.027
Inception of Broker’s Lien 62.028
Priority 62.029
Subordination 62.030
Mixed-use Real Estate 62.031
Change in Use of Real Estate 62.041
Time to File 62.061
Suit to Foreclose Lien 62.062
Statute of Limitations 62.063
Assessment of Costs, Fees, and Interest 62.081
Release of Lien 62.101
Escrow Account 62.102
Named Escrow Agent 62.103
Costs of Interpleader 62.104
Refusal to Establish Escrow Account or Bond 62.105
Term of Escrow Account 62.106
Extinguishment of Lien Upon Escrow 62.121
Bond 62.122
Bond Requirements 62.123
Notice of Bond 62.124
Recording of Bond and Notice 62.125
Action on Bond 62.141
Owner’s or Tenant’s Remedies 62.142
Broker’s Remedies

Accessed:
Apr. 29, 2024

§ 62.062’s source at texas.gov

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Location: https://texas.public.law/statutes/tex._prop._code_section_62.062

Original Source: Section 62.062 — Statute of Limitations, https://statutes.capitol.texas.gov/Docs/PR/htm/PR.62.htm#62.062 (last accessed Apr. 29, 2024).