§ 32-28-12.5-6 — When lien attaches to commercial real estate

Indiana § 32-28-12.5-6

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 28: LIENS ON REAL PROPERTY
• Ch. 12.5: Commercial Real Estate Broker Liens

Text

(a) A lien under this chapter attaches to
commercial real estate or an interest in commercial real estate upon:
(1) the broker company being entitled to fees or commissions
under a written agreement, a contract, or another instrument
signed by the owner, buyer, or tenant of the commercial real
estate, or by an authorized agent of the owner, buyer, or tenant;
and
(2) except as provided in sections 8 and 9 of this chapter, the
broker company recording a notice of lien in the office of the
recorder of the county in which the commercial real estate or an
interest in the commercial real estate is located:
(A) before the recording of the deed for the actual conveyance
or transfer of the commercial real estate against which the
broker is claiming a lien, if the broker company claims fees or
commissions from the party conveying or transferring an
interest in the commercial real estate; or
(B) not later than ninety (90) days after the recording of the
deed or other instrument for the purchase or other conveyance
or transfer of the commercial real estate, if the broker company
claims fees or commissions from the party receiving a
conveyance or transfer of an interest in the commercial real
estate.
(b) A lien under this chapter attaches on the date of the recording of
the notice of the lien under subsection (a)(2) and does not relate back
to the date of the written agreement, contract, or other written
instrument described in subsection (a)(1).

Legislative History

As added by P.L.78-2006, SEC.1. Amended by P.L.127-2012, SEC.52; P.L.116-2015, SEC.25.