Tex.
Prop. Code Section 62.041
Time to File
(a)
If a broker has earned a commission under a commission agreement signed by a seller or the seller’s authorized agent, a broker must record a notice of lien:(1)
after the commission is earned; and(2)
before the conveyance of the commercial real estate interest on which the broker is claiming a lien.(b)
If a broker has earned a commission under a commission agreement signed by a prospective buyer or a prospective buyer’s authorized agent, the broker must record a notice of lien:(1)
after the buyer acquires legal title to the commercial real estate interest on which the broker is claiming a lien; and(2)
before the buyer conveys the buyer’s commercial real estate interest on which the broker is claiming a lien.(c)
If the lien is based on a lease transaction, the broker must record a notice of lien after the commission is earned and before the earlier of:(1)
the 91st day after the date the event for which the commission becomes payable occurs; or(2)
the date the person obligated to pay the commission records a subsequent conveyance of that person’s commercial real estate interest after executing the lease agreement relating to the lease transaction for which the lien is claimed.(d)
If a notice of lien is not filed within the time required by this section, the lien is void.
Source:
Section 62.041 — Time to File, https://statutes.capitol.texas.gov/Docs/PR/htm/PR.62.htm#62.041 (accessed Apr. 20, 2024).
