429.609. Broker's lien attaches to commercial real estate when, notice to be filed in office of recorder, when--installment payments of compensation, notice recorded when--lease, claim for lien fi

MISSOURI STATUTES AND CODES

429.609. Broker's lien attaches to commercial real estate when, notice to be filed in office of recorder, when--installment payments of compensation, notice recorded when--lease, claim for lien fi

Broker's lien attaches to commercial real estate when, notice to befiled in office of recorder, when--installment payments ofcompensation, notice recorded when--lease, claim for lien filedwhen.

429.609. A real estate broker's lien authorized by sections 429.600to 429.627 attaches to the commercial real estate, or an interest in thecommercial real estate, when:

(1) The real estate broker procures a person or entity ready, willingand able to purchase, lease or otherwise accept a conveyance of suchproperty upon the terms set forth in the written agreement with the owneror terms otherwise acceptable to the owner or owner's agent, or the realestate broker is entitled to a fee or commission pursuant to a writtenagreement signed by the owner or the owner's agent; and

(2) The real estate broker records a notice of the lien in the officeof the recorder of deeds of the county in which the real property, or anyinterest in the real property, is located, if such lien is filed prior tothe actual conveyance or transfer of the commercial real estate subject tosuch real estate broker's lien, except that:

(a) If payment to a real estate broker is due in installments and aportion of the payment is due after the conveyance or transfer of thecommercial real estate, any claim for a lien for installment payments dueafter the transfer or conveyance of such real estate may be recorded anytime after the transfer or conveyance of the commercial real estate butmust be recorded before the date on which the payment is due. Such lienshall only be effective as a lien against the commercial real estate to theextent moneys are still owed to the transferor by the transferee. A singleclaim for a lien recorded before the transfer or conveyance of thecommercial real estate, claiming all moneys due under an installmentpayment agreement, is not valid or enforceable to the extent of thepayments due after the transfer or conveyance. The lien attaches forpurposes of this paragraph when the claim for lien is recorded;

(b) In the case of a lease, the claim for lien must be recordedwithin ninety days after the date of occupancy or the date of rentcommencement as stipulated in the lease, whichever is later, unless writtennotice of the intention to sign the lease is personally served on the realestate broker entitled to claim a lien at least ten days before the date ofthe intended signing of the lease, then the claim for lien must be recordedbefore the date indicated for the signing of the lease. The lien attachesfor purposes of this paragraph when the claim for lien is recorded; or

(c) If the real estate broker has a written agreement with aprospective buyer as provided in subsection 2 of section 429.605, then thelien attaches when the prospective buyer purchases or otherwise accepts aconveyance or transfer of the commercial real estate and records a noticeof the lien within ninety days after the purchase or other conveyance ortransfer to the buyer in the office of the recorder of deeds in the countyin which the commercial real estate, or any interest in the commercial realestate, is located.