DE HB381

Establishes a "Commercial Real Estate Broker Lien Act" allowing Delaware brokers holding a broker license to file liens on commercial real estate for unpaid compensation when duties under a written brokerage agreement are performed.

Requires brokerage agreements to expressly state compensation amount or calculation method, identify the real estate by description and/or tax parcel number, and specify the method of determining compensation to be eligible for a broker's lien.

Brokers must file affidavit and notice of lien in the Office of the Prothonotary within 180 days of failure to pay and serve a copy on the property owner; liens remain effective for one year unless continued and can be renewed for successive one-year periods.

Broker's liens are subordinate to all mortgages, statutory liens, and federal/state/local government liens but have priority over other claims from the filing date.

Property owners may deposit funds equal to the full claim amount plus 10% in escrow to release the lien, and brokers may enforce liens through Superior Court debt actions with recovery of attorney's fees and costs against parties who fail to pay.