Section 14-311 – Waivers
(a) A commercial leasing brokerage agreement between a broker and an owner may not waive or require the broker to waive the right to claim or establish a broker’s lien. (b) Any waiver provision made in a commercial leasing brokerage agreement or any other contract, express or implied, between a broker and an owner made in violation […]
Section 14-312 – Releases
(a) At the time of any settlement or payment in full between a broker and an owner, the broker shall give to the owner a signed release of the broker’s lien established under this subtitle. (b) An owner is not subject to a lien and is not otherwise liable for any commission included in the release under […]
Section 14-313 – Applicability of Maryland Rules Provisions
Subject to the provisions of this subtitle, an action to establish and enforce a broker’s lien under this subtitle, and all proceedings held under this subtitle, shall be in accordance with the Maryland Rules applicable to the establishment and enforcement of a mechanics’ lien under Title 9 of this article.
Section 14-302 – Right to Lien; Priority; Exemptions; Notice of Lien
(a) If a broker is not paid a commission according to the terms of a commercial leasing brokerage agreement, the broker shall be entitled to a lien under this subtitle for the unpaid portion of the commission. (b) (1) A broker’s lien established under this subtitle shall: (i) Subject to subparagraph (ii) of this paragraph, have priority over all […]
Section 14-303 – Scope of Lien
A lien established in accordance with this subtitle shall extend to the land covered by the building and to as much other land, immediately adjacent and belonging in like manner to the owner of the building, as may be necessary for the ordinary and useful purposes of the building.
Section 14-304 – Establishment of Broker’s Lien
(a) To establish a broker’s lien under this subtitle, a broker shall commence proceedings in the circuit court where the commercial property is located within 180 days after the commercial leasing commission became due and payable by filing with the clerk of the court: (1) A petition to establish a broker’s lien, which shall contain the following: […]
Section 14-305 – Court Proceedings
(a) (1) When a petition to establish a broker’s lien is filed, the court shall review the pleadings and documents on file and may require the petitioner to supplement or explain any matters set forth in the petition, pleadings, or documents. (2) If the court determines that the lien should attach, it shall pass an order that: (i) Directs […]
Section 14-306 – Property Located in Other County
(a) If any part of the lien property is located within another county and the petitioner desires that the broker’s lien attach to the lien property in that county, the petitioner shall file a certified copy of the docket entries, the court order, and any required bond with the clerk of the circuit court for that […]
Section 14-307 – Judicial Sales
(a) Subject to subsection (b) of this section, if all or any part of the lien property against which a broker’s lien has been established under this subtitle is to be sold under a foreclosure or a judgment, execution or any other court order, all liens and encumbrances on the lien property that are subordinate to […]
Section 14-308 – Enforcement
(a) A broker’s lien established under this subtitle may be enforced to the same extent as a judgment under the Maryland Rules, including a judicial sale of the lien property to satisfy the amount of the broker’s lien. (b) (1) The right to enforce any broker’s lien under this subtitle expires at the end of 1 year from […]