Overview

Commercial broker lien laws allow liens to be filed on commercial properties for the full payment of commissions. In states that have enacted commercial lien laws, there has been a dramatic decline in commission collection litigation and arbitration. Explore the resources on this page for information on how lien laws work, summaries of current laws, news updates, and more.

Broker Lien Laws by State

References

NAR Library & Archives has already done the research for you. References (formerly Field Guides) offer links to articles, eBooks, websites, statistics, and more to provide a comprehensive overview of perspectives. EBSCO articles (E) are available only to NAR members and require the member's nar.realtor login.


What Are Commercial Broker Lien Laws?

Many states have been exploring, or have already enacted, a commercial real estate broker’s commission lien law. These laws allow for a commercial real estate broker to obtain and foreclose upon a lien as a legal remedy against a property if the buyer/seller or lessee/lessor fails to pay the broker the agreed upon commission, as their interests in the real property may apply.

Source: Commercial Broker Lien Laws (CCIM Institute)

Current Lien Laws

Annual Report—Broker Lien Laws (National Association of REALTORS® State Issues Tracker). Login required. Click on State & Local Resources, then click on State Issues Tracker. Click on Access the State Issues Tracker and click on "Broker Lien Laws" in menu on left for state-by-state overview.

State Summaries & Updates

Mountain Law: Realtors Have New Power to Collect Unpaid Commissions (Summit Daily, Jun. 1, 2020)

Using Broker Lien Law to Protect Commissions (Hondros, Sep. 27, 2019)

Understanding Pennsylvania’s Real Estate Commercial Broker Lien Law (Mette, Evans & Woodside, May 15, 2019)

The Obscure Commercial Real Estate Broker’s Lien Act (Gross, Romanick, Dean & Desimone)

eBooks & Other Resources

A Guide for Commercial Real Estate Agents (Kindle, eBook)

The Residential Agent's Handbook for Commercial Real Estate (Kindle, eBook)


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The inclusion of links on this page does not imply endorsement by the National Association of REALTORS®. NAR makes no representations about whether the content of any external sites which may be linked in this page complies with state or federal laws or regulations or with applicable NAR policies. These links are provided for your convenience only and you rely on them at your own risk.

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