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DE HB29

Bill

Status

Passed

5/3/2013

Primary Sponsor

Bryon Short

Click for details

Origin

House of Representatives

147th General Assembly

AI Summary

  • 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.

  • 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.

  • 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.

  • Subordinates broker's liens to all mortgages, mechanic's liens, statutory liens, and government liens, ensuring these creditors maintain priority.

  • 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

Committee Referrals

Small Business3/26/2013
Economic Development/Banking/Insurance/Commerce3/7/2013

Full Bill Text

No bill text available