475.805 – Contents of lien notice.
475.805 Contents of lien notice.— (1) A lien notice made by a broker with respect to a commission claimed under this part shall be in writing, shall be signed and sworn to or affirmed by the broker under penalty of perjury before a notary public, and shall include the following: (a) The name of the owner of the […]
475.807 – Recording lien notice; effectiveness.
475.807 Recording lien notice; effectiveness.— (1)(a) After a commission is earned under this part, the broker may record a lien notice in the public records maintained by the clerk of court in the county or counties in which the commercial real estate is located. The lien notice shall be recorded no later than the earlier of: 1. Ninety […]
475.809 – Foreclosure of lien; civil action by owner; award of costs and attorney’s fees.
475.809 Foreclosure of lien; civil action by owner; award of costs and attorney’s fees.— (1) A broker may enforce a lien for a commission that is earned and payable under this part by a foreclosure suit in the same manner as if the lien notice were a mortgage recorded against the commercial real estate of the owner […]
475.811 – Transfer of lien to security.
475.811 Transfer of lien to security.— (1)(a) Any lien claimed by a broker by recording a lien notice under this part may be transferred by any person having an interest in the commercial real estate upon which the lien is imposed from such commercial real estate to other security by either: 1. Depositing in the clerk’s office a […]
475.813 – Subordination of lien.
475.813 Subordination of lien.— (1) Nothing contained in this part precludes a broker from agreeing to subordinate a lien claimed by the broker under this part in favor of the holder of any mortgage or other lien against the owner’s interest in the commercial real estate that is subject to the broker’s lien. (2) With or without the […]
475.711 – Interpleader or other proceedings; deposit of reserved proceeds in court registry; discharge of closing agent from further liability.
475.711 Interpleader or other proceedings; deposit of reserved proceeds in court registry; discharge of closing agent from further liability.— (1) The closing agent shall, by interpleader action or other legal proceeding, seek adjudication of the rights of the parties with respect to disputed reserved proceeds by the county court or circuit court, whichever may have jurisdiction of […]
475.713 – Civil action concerning commission; order to show cause; hearing; release of proceeds; award of costs and attorney’s fees.
475.713 Civil action concerning commission; order to show cause; hearing; release of proceeds; award of costs and attorney’s fees.— (1) If a commission notice claiming a commission is delivered to an owner pursuant to s. 475.705 and the owner disputes the claimed commission, the owner or the broker may file a civil action concerning the commission claim […]
475.715 – Priority of recorded commission notice.
475.715 Priority of recorded commission notice.—All statutory liens, consensual liens, mortgages, deeds of trust, assignments of rents, and other encumbrances, including all advances or charges made or accruing thereunder, whether voluntary or obligatory, and all modifications, extensions, renewals, and replacements thereof, recorded prior to the recording of a commission notice pursuant to the provisions of s. […]
475.717 – Service of notice.
475.717 Service of notice.—Notices to be delivered to a party pursuant to this part other than service of process as required in civil actions shall be by service of process, by registered or certified mail with return receipt requested, or by personal or electronic delivery and obtaining evidence of delivery in the form of a receipt […]
475.719 – Buyer’s broker.
475.719 Buyer’s broker.—As used in this section, the term “buyer’s broker” means a broker that is entitled to receive payment from the buyer of commercial real estate of any fee or other compensation for licensed services, as specified in a written contract made between the buyer and the broker on or after the effective date of […]