I purchased a single-family residence in San Antonio Texas about eight months ago. As per the purchase agreement, my broker was paid his full agreed commission at closing. However, he now feels that he is still owed money since we had a verbal agreement that I would allow him to relist the property once I had completed all repairs. I complied entirely with the terms stated in our listing agreement, and hired a new agent only after our listing agreement expired. (Needless to say he was upset when I chose not to relist with him).
He is now threatening to place a lien on the property if I don't pay him immediately. The amount of the lien he wants to place is, by his own admittance, much higher than the amount he is owed (or claims to be owed). He claims that the reasoning for this is to recuperate legal fees as well as interest. My first question is can he place a VALID lien on a property for more than he is owed or does that invalidate the lien?
Also, as I stated earlier the property is a single-family residence and not a commercial property. The reason I bring this up again is because of the Texas Property Code Chapter 62 sections .030 & .031 witch read as follows:
§ 62.030. MIXED-USE REAL ESTATE. If real estate is zoned or restricted for more than one use, the broker's lien attaches only to the portions of the real estate that constitute commercial real estate.
Added by Acts 1999, 76th Leg., ch. 1571, § 1, eff. Aug. 30, 1999.
§ 62.031. CHANGE IN USE OF REAL ESTATE. (a) Except as provided by Subsection (b), any change in the use of the real estate does not affect a broker's lien if the notice of the lien was filed when the real estate was commercial real estate.
(b) The broker's lien is extinguished if:
(1) not later than the 360th day after the date on which the broker's commission is payable, the commercial real estate interest on which a broker claims a lien is zoned for single-family use or restricted for single-family use under recorded restrictive covenants; and
(2) the zoning ordinances or restrictive covenants for single-family use are in effect until at least the second anniversary of the date the commission is payable.
Added by Acts 1999, 76th Leg., ch. 1571, § 1, eff. Aug. 30, 1999.
My final question to any legal professional reading this is, am I correct in interpreting this code as saying a broker's lien can only attach to a commercial property? Does this mean that any lien placed by a broker on a single-family residence is "void at face"?
Thank You for any assistance you can provide.
He is now threatening to place a lien on the property if I don't pay him immediately. The amount of the lien he wants to place is, by his own admittance, much higher than the amount he is owed (or claims to be owed). He claims that the reasoning for this is to recuperate legal fees as well as interest. My first question is can he place a VALID lien on a property for more than he is owed or does that invalidate the lien?
Also, as I stated earlier the property is a single-family residence and not a commercial property. The reason I bring this up again is because of the Texas Property Code Chapter 62 sections .030 & .031 witch read as follows:
§ 62.030. MIXED-USE REAL ESTATE. If real estate is zoned or restricted for more than one use, the broker's lien attaches only to the portions of the real estate that constitute commercial real estate.
Added by Acts 1999, 76th Leg., ch. 1571, § 1, eff. Aug. 30, 1999.
§ 62.031. CHANGE IN USE OF REAL ESTATE. (a) Except as provided by Subsection (b), any change in the use of the real estate does not affect a broker's lien if the notice of the lien was filed when the real estate was commercial real estate.
(b) The broker's lien is extinguished if:
(1) not later than the 360th day after the date on which the broker's commission is payable, the commercial real estate interest on which a broker claims a lien is zoned for single-family use or restricted for single-family use under recorded restrictive covenants; and
(2) the zoning ordinances or restrictive covenants for single-family use are in effect until at least the second anniversary of the date the commission is payable.
Added by Acts 1999, 76th Leg., ch. 1571, § 1, eff. Aug. 30, 1999.
My final question to any legal professional reading this is, am I correct in interpreting this code as saying a broker's lien can only attach to a commercial property? Does this mean that any lien placed by a broker on a single-family residence is "void at face"?
Thank You for any assistance you can provide.
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