Oklahoma § 42-203 - Real estate broker lien - Attachment

§ 42-203. Real estate broker lien - Attachment

A. A real estate broker shall have a lien, upon commercial real

estate or any interest in that commercial real estate which is the

subject of a purchase, lease or other conveyance to a buyer or

tenant of an interest in the commercial real estate, in the amount

that the broker is due for licensed services which shall include,

without limitation, brokerage fees, consulting fees, and management

fees.

The lien shall be available only to the broker named in a

written instrument signed by an owner, buyer, or tenant or their

respective agents as applicable.

B. A lien under this act shall attach to commercial real estate

or any interest in the commercial real estate when:

1. The broker is entitled to a stated fee or commission

provided in a written instrument signed by the owner, buyer, tenant,

or their respective authorized agents, as applicable; and

2. The broker records a notice of lien in the county clerk’s

office of the county in which the real property is located, prior to

the actual conveyance or transfer of the commercial real estate

against which the broker is claiming a lien, except as provided in

subsection C, D or E of this section. The lien shall attach as of

the date of the recording of the notice of lien and does not and

shall not relate back to the date of the written instrument.

C. LEASES. In the case of a lease, including a sublease or

assignment of lease, the notice of lien must be recorded not later

Oklahoma Statutes - Title 42. Liens

than ninety (90) days after the tenant takes possession of the

leased premises. The lien shall attach as of the recording of the

notice of lien and shall not relate back to the date of the written

instrument.

D. FUTURE COMMISSIONS IN LEASE TRANSACTIONS. 1. If a broker

may be due additional commission as a result of future actions,

including but not limited to the exercise of an option to expand the

leased premises, to renew or extend a lease, pursuant to a written

instrument signed by the then owner or tenant, the broker may record

its notice or lien at any time after execution of the lease or other

written instrument which contains such option but not later than

ninety (90) days after the event or occurrence on which the future

commission is claimed occurs. An action to foreclose a lien to

collect future commissions must be commenced within two (2) years of

the occurrence or transaction on which the future commission is

claimed.

2. In the event that the property is sold or otherwise conveyed

prior to the date on which a future commission is due and if the

broker has filed a valid notice of lien prior to the sale or other

conveyance of the property, then the purchaser or transferee shall

be deemed to have notice of and shall take title to the property

subject to the notice of lien. Provided, however, that if a broker

claiming a future commission fails to record its notice of lien for

future commission prior to the recording of a deed conveying legal

title to the property to the purchaser or transferee, then such

broker may not claim a lien on the property. The provisions of this

subsection shall not limit or otherwise affect claims or defenses a

broker or owner or any other party may have on any other basis, in

law or in equity.

E. BUYER’S BROKER. If a broker has a written agreement with a

prospective buyer or tenant as described in subsection A of this

section, then the lien shall attach upon the prospective buyer

purchasing or otherwise accepting a conveyance or transfer of the

commercial real estate and the recording of a notice of lien by the

broker in the county clerk’s office of the county in which the real

property, or any interest in the real property is located, within

ninety (90) days after the purchase or other conveyance or transfer

to the buyer or tenant. The lien shall attach as of the date of the

recording of the notice of lien and shall not relate back to the

date of the written instrument.

Added by Laws 2006, c. 166, § 3, eff. Nov. 1, 2006.