Commercial Real Estate Broker Liens

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Arizona, by statute, allows a commercial real estate broker in certain limited circumstances to record a lien against the owner’s real property which is the subject of the commission agreement, in order to protect the broker’s entitlement to their commission.  See A.R.S. §§ 33-1071 – 1076.  The lien rights apply only to commercial real property and residential property with five or more residential units.  The lien rights apply only to leasing and rental transactions, not sales.  The lien is enforceable by a foreclosure action the same as a mortgage.    The statutes identify very specific protocols that need to be followed.  For example, in order to take advantage of such lien rights, such lien rights must be referenced in the pertinent brokerage/listing agreement between the broker and the owner of the real property; a preliminary notice of intent to lien must be recorded no later than 15 days before the date the tenant takes possession; and in certain circumstances a notice of lien must be filed within 90 days after the tenant takes possession.  The lien expires two years after it is recorded unless an action is brought to enforce the lien before expiration of the two years and a lis pendens is recorded within five days after filing the action.  The statute allows the owner to remove the lien by posting a surety bond.

Topics:  Liens, Real Estate Brokers, Real Estate Market

Published In: Finance & Banking Updates, Commercial Real Estate Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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