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In Texas, the Broker’s and Appraiser’s Lien on Commercial Real Estate Act (the “Act”), codified in Chapter 62 of the Texas Property Code, is intended to provide a Broker or Appraiser with a legal means to secure the payment of their commission arising from a commercial transaction by establishing a statutory lien on the property involved. By definition, a “Broker” is a person licensed as a broker under the Texas Occupations Code, and is not acting as a residential rental locator, or a person that is licensed or certified as a real estate appraiser under the Code.
In order for a Broker to obtain a perfected lien, their contract or fee agreement must be signed by the party with the real estate interest, or the party’s authorized agent, and must include very specific disclosures and notices. Failure to include these requirements could be fatal to the establishment of a lien under the Act.
*Please note: Due to the costs involved and the favorability of land in Texas per contract and common law, we currently are not accepting residential tenant defense cases.