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DE HB29
Bill
Status
5/3/2013
Primary Sponsor
Bryon Short
Click for details
AI Summary
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Creates the "Commercial Real Estate Broker's Lien Act" establishing a lien mechanism for licensed brokers to secure unpaid compensation for commercial real estate services.
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Limits liens to commercial real estate transactions (excluding 1-4 unit residential properties sold individually) and requires written brokerage agreements specifying compensation amount and property identification.
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Requires brokers to file affidavits and notices of lien within 90 days of payment failure with the Recorder of Deeds; liens expire after 1 year unless litigation is pending or renewed.
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Subordinates broker's liens to all mortgages, mechanic's liens, statutory liens, and government liens, ensuring these creditors maintain priority.
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Allows property owners to release liens by depositing funds equal to the claimed amount plus 10% in escrow, and permits courts to award costs, expenses, and attorney's fees to prevailing parties in lien enforcement actions.
Legislative Description
An Act To Amend Title 25 Of The Delaware Code Relating To Property And Commercial Real Estate Broker's Liens.
Last Action
Signed by Governor
5/3/2013