§ 52-2103 — Lien; amount; attachment; when; notice of lien; recording; notice of lien for future commission; how treated

(1)(a) A commercial
real estate broker shall have a lien upon commercial real estate or any interest
in that commercial real estate that 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 of commissions that the commercial real estate broker
is due.
(b) The lien
shall be available only to the commercial real estate broker named in a commission
agreement signed by an owner or buyer or their respective authorized agents
as applicable and is not available to an employee, agent, subagent, or independent
contractor of a commercial real estate broker.
(2) A lien under this section
shall attach to commercial real estate or any interest in the commercial real
estate when:
(a) The commercial real estate broker is entitled to a commission
provided in a commission agreement signed by the owner, buyer, or their respective
authorized agents, as applicable; and
(b) The commercial real estate broker records
a notice of lien in the office of the register of deeds of the county in which
the commercial real estate is located, prior to the actual conveyance or transfer
of the commercial real estate against which the commercial real estate broker
is claiming a lien, except as provided in this section. 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 commission agreement.
(3) In the case of a lease,
including a sublease or an assignment of a lease, the notice of lien shall
be recorded not later than ninety 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 commission agreement.
(4)(a) If a
commercial real estate broker is due an additional commission as a result
of future actions, including, but not limited to, the exercise of an option
to expand the leased premises or to renew or extend a lease pursuant to a
commission agreement signed by the then owner, the commercial real estate
broker may record its notice of lien at any time after execution of the lease
or other commission agreement which contains such option, but not later than
ninety days after the event or occurrence on which the future commission is
claimed occurs.
(b) In the event that the commercial real estate is sold or otherwise
conveyed prior to the date on which a future commission is due, and if the
commercial real estate broker has filed a valid notice of lien prior to the
sale or other conveyance of the commercial real estate, then the purchaser
or transferee shall be deemed to have notice of and shall take title to the
commercial real estate subject to the notice of lien. If a commercial real
estate 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 commercial real estate to the purchaser or transferee, then such commercial
real estate broker shall not claim a lien on the commercial real estate. This
subsection shall not limit or otherwise affect claims or defenses a commercial
real estate broker or owner or any other party may have on any other basis,
in law or in equity.
(5) If a commercial real estate broker has a commission agreement
as described in subdivision (4)(a) of this section with a prospective buyer,
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 commercial real estate broker in the office of
the register of deeds of the county in which the commercial real estate, or
any interest in the commercial real estate, is located, within ninety 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 commission agreement.

Legislative History

Source: Laws 2013, LB3, § 9.