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NC H174

Bill

Status

Passed

6/17/2011

Primary Sponsor

Kelly Alexander

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Origin

House of Representatives

2011-2012 Session

AI Summary

  • Enacts the Commercial Real Estate Broker Lien Act, establishing a lien mechanism for licensed real estate brokers to claim compensation for services on commercial real estate transactions.

  • Allows brokers to file liens on commercial real estate when they have a written agreement signed by the owner, have performed services, and the agreement clearly states duties, conditions for earning compensation, and the compensation amount.

  • Requires lien notices to be filed with the clerk of superior court, include specific information (claimant name, owner name, property description, amount claimed), and be served on the owner by certified mail or personal service.

  • Brokers must file suit to enforce liens within 18 months of filing notice, or within one year if based on an option to purchase; failure to file suit within 30 days of owner's written demand extinguishes the lien.

  • Establishes that liens under this Act have lower priority than prior recorded liens or mortgages, and allows liens to be discharged through satisfaction acknowledgment, judgment, deposited funds or bonds of 125% of claimed amount, or failure to enforce within prescribed timeframes; becomes effective October 1, 2011.

Legislative Description

Commercial Real Estate Broker Lien Act

Last Action

Ch. SL 2011-165

6/17/2011

Committee Referrals

Commerce6/13/2011
Judiciary Subcommittee A3/17/2011
Commerce and Job Development2/24/2011

Full Bill Text

No bill text available