Tex. Prop. Code Section 62.022
Waiver, Release, or Discharge of Lien; Assumption of Commission Obligation

(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;

(2)

paying the commission to the broker named in the commission agreement; or

(3)

establishing an escrow account described by Subchapter F.

(d)

A person who assumes an owner’s or tenant’s commercial real estate interest is bound by a commission agreement included in a lease agreement unless an escrow account is established under Subchapter F or a bond is provided under Subchapter G.

(e)

This section does not affect the rights of a mortgagee who forecloses on commercial real estate and does not assume the lease on which a commission agreement is based.
Added by Acts 1999, 76th Leg., ch. 1571, Sec. 1, eff. Aug. 30, 1999.

Source: Section 62.022 — Waiver, Release, or Discharge of Lien; Assumption of Commission Obligation, https://statutes.­capitol.­texas.­gov/Docs/PR/htm/PR.­62.­htm#62.­022 (accessed Apr. 13, 2024).

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Accessed:
Apr. 13, 2024

§ 62.022’s source at texas​.gov