Tex. Prop. Code § 62.022 · Subchapter B. BROKER'S LIEN
WAIVER, RELEASE, OR DISCHARGE OF LIEN; ASSUMPTION OF COMMISSION OBLIGATION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Except as provided by Subsection (b), the waiver of a broker's right to a lien under this chapter, or a release given for the purpose of releasing the broker's lien before the commission is satisfied or forgiven, is void.
(b) A broker's entitlement to a lien on the interest of an owner or tenant in commercial real estate shall be automatically waived if:
(1) the commission is earned and payable for services provided relating to a lease transaction; and
(2) the commission agreement is included as a provision of the lease agreement.
(c) A lien under this chapter is discharged by:
(1) a court order discharging the lien;
(2) paying the commission to the broker named in the commission agreement; or
(3) establishing an escrow account described by Subchapter F.
(d) A person who assumes an owner's or tenant's commercial real estate interest is bound by a commission agreement included in a lease agreement unless an escrow account is established under Subchapter F or a bond is provided under Subchapter G.
(e) This section does not affect the rights of a mortgagee who forecloses on commercial real estate and does not assume the lease on which a commission agreement is based.
Notes and commentary — not statutory text
History
Added by Acts 1999, 76th Leg., ch. 1571, Sec. 1, eff. Aug. 30, 1999.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/PR/htm/PR.62.htm
- Text hash
- sha256 a78ab39164a20f68b746ed4eb6fcedce4ad84062133471dca13dd4ee87b5ca34
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 2 provisions
Provisions in this library whose text cites Tex. Prop. Code § 62.022. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.