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58-30a11. Additional compensation due; action to foreclose lien, time, when.

58-30a11

Chapter 58.--PERSONAL AND REAL PROPERTY
Part 6.--MISCELLANEOUS PROVISIONS
Article 30a.--COMMERCIAL REAL ESTATE BROKER LIEN ACT

      58-30a11.   Additional compensation due; action toforeclose lien, time, when.Any action to foreclose a lien to collect additionalcompensation must becommenced within two years of the date of the transaction on which theadditionalcompensation is claimed.If the property is sold or otherwise conveyed prior to the date on whichadditional compensation is due, and if the broker has filed a valid notice oflienprior to the sale or other conveyance of the property, the purchaser ortransferee shall be deemed to have notice of and shall take title to theproperty subject to the notice of lien. If a broker claiming additionalcompensation fails to record its notice of lien for additional compensationprior to the recording of a deed conveying legal title to the property to thepurchaser or transferee, such broker may not claim a lien on theproperty. The provisions of this subsection shall not limit or otherwiseaffect claims or defenses a broker, owner or other party may have on any otherbasis, in law or in equity.

      History:   L. 2005, ch. 179, § 11; July 1.

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