Texas § 62.022 WAIVER, RELEASE, OR DISCHARGE OF LIEN; ASSUMPTION OF COMMISSION OBLIGATION.

Texas Statutes

§ 62.022 — WAIVER, RELEASE, OR DISCHARGE OF LIEN; ASSUMPTION OF COMMISSION OBLIGATION.

Texas § 62.022

Code PRProperty Code

This text of Texas § 62.022 (WAIVER, RELEASE, OR DISCHARGE OF LIEN; ASSUMPTION OF COMMISSION OBLIGATION.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Property Code Code Ann. § 62.022 (2026).

Text

Sec. 62.022. WAIVER, RELEASE, OR DISCHARGE OF LIEN; ASSUMPTION OF COMMISSION OBLIGATION.

(a)Except as provided by Subsection (b), the waiver of a broker's right to a lien under this chapter, or a release given for the purpose of releasing the broker's lien before the commission is satisfied or forgiven, is void.

(b)A broker's entitlement to a lien on the interest of an owner or tenant in commercial real estate shall be automatically waived if:

(1)the commission is earned and payable for services provided relating to a lease transaction; and

(2)the commission agreement is included as a provision of the lease agreement.

(c)A lien under this chapter is discharged by:

(1)a court order discharging the lien;

(2)paying the commission to the broker named in the commission agreement; or

(3)

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Sec. 62.022. WAIVER, RELEASE, OR DISCHARGE OF LIEN; ASSUMPTION OF COMMISSION OBLIGATION. (a) Except as provided by Subsection (b), the waiver of a broker's right to a lien under this chapter, or a release given for the purpose of releasing the broker's lien before the commission is satisfied or forgiven, is void.
(b) A broker's entitlement to a lien on the interest of an owner or tenant in commercial real estate shall be automatically waived if:
(1) the commission is earned and payable for services provided relating to a lease transaction; and
(2) the commission agreement is included as a provision of the lease agreement.
(c) A lien under this chapter is discharged by:
(1) a court order discharging the lien;
(2) paying the commission to the broker named in the commission agreement; or
(3) establishing an escrow account described by Subchapter F.
(d) A person who assumes an owner's or tenant's commercial real estate interest is bound by a commission agreement included in a lease agreement unless an escrow account is established under Subchapter F or a bond is provided under Subchapter G.
(e) This section does not affect the rights of a mortgagee who forecloses on commercial real estate and does not assume the lease on which a commission agreement is based.