33-1072

33-1072. Lien attachment; notice of commercial
real estate broker lien; notice to owner

A. A lien pursuant to this article attaches to the subject real property when all
of the following occur:

1. The broker produces a person or entity that is ready, willing and able to lease
or rent the real property on the terms provided in the written agreement between the
broker and the owner of the real property or on terms that are otherwise acceptable to
the owner as evidenced by a written instrument that is signed by the owner.

2. The broker fully complies with subsection B of this section.

3. The broker records a document entitled "notice of commercial real estate broker
lien" in the office of the county recorder in the county or counties in which the subject
real property is located. The notice of commercial real estate broker lien shall be
recorded as follows:

(a) Except as provided in subdivision (b), if the notice of commercial real estate
broker lien is based on a lease or rental of the real property, the notice of commercial
real estate broker lien shall be recorded within ninety days after the tenant takes
possession of the leased premises.

(b) If the notice of commercial real estate broker lien is based on compensation
that is to be paid in installments and any of those installments are due after the lease
or rental of the real property, the notice of commercial real estate broker lien shall be
recorded within ninety days after the tenant takes possession of the real property and is
valid only to the extent that monies remain unpaid by the owner of the real property to
the broker.

B. On recording the notice of commercial real estate broker lien, the broker's lien
is perfected.

C. Not later than fifteen days before the date that the tenant takes possession of
the leased premises, the broker shall record a document entitled "broker's preliminary
notice of intent to lien" in the office of the county recorder in the county in which the
real property is located and shall deliver personally or by first class mail a copy of
the broker's preliminary notice of intent to lien to the owner of the real property
interest. The broker's preliminary notice of intent to lien shall state that the broker
is entitled to compensation under the terms set forth in the written agreement between
the broker and the owner and that the broker intends to claim a lien on the real
property. The broker's preliminary notice of intent to lien shall include all of the
information prescribed by section 33-1073, subsection A and shall be entitled "broker's
preliminary notice of intent to lien". The broker's failure to record the broker's
preliminary notice of intent to lien within the time prescribed by this subsection
extinguishes the broker's lien rights.