§ 294-b. Recording brokers affidavit of entitlement to commission for\ncompleted brokerage services. 1. A duly licensed real estate broker who\nasserts that he or she has produced a person who was ready, able and\nwilling to purchase or lease all or any part of a parcel of real\nproperty or any interest in a cooperative apartment pursuant to a\nwritten or oral contract of brokerage employment between the owner of\nsaid parcel of real property or interest in a cooperative apartment and\nsuch broker, and who asserts that such person or a party acting on his\nor her behalf subsequently contracted to purchase or lease, or did\npurchase or lease such real property or any part thereof, or any\ninterest in a cooperative apartment and who asserts that he or she is\nentitled to a commission pursuant to such written or oral contract, may\nfile an affidavit of entitlement to commission for completed brokerage\nservices in the office of the recording officer of any county in which\nany of the real property is situated.\n 2. Such affidavit shall include: (i) the name and license number of\nthe broker claiming the commission; (ii) the name of the seller or\nperson responsible for commission; (iii) the name of the person\nauthorizing the sale on behalf of the seller, if any, and the date of\nsuch authorization; (iv) a copy of the written agreement, if any; (v) a\ndescription of the real property or interest in the cooperative\napartment involved; (vi) the amount of commission claimed; (vii) a\ndescription of the brokerage services performed; and (viii) the dates\nthereof. Recording such affidavit shall not invalidate any transfer of\nreal property or lease thereof. Such affidavit shall not be deemed to\ncreate a lien and shall be discharged one year after filing.\n 3. Upon receipt by the county clerk of a broker's affidavit of\nentitlement to commission for completed brokerage services for the\npurpose of recording, entering and indexing, the clerk shall record such\naffidavit in the lien docket and shall note thereon that such notice\ndoes not constitute a lien nor shall it invalidate any transfer or\nlease. In payment for said services the county clerk shall be entitled\nto receive a fee equivalent to that received for recording a deed and\npages thereof.\n 4. (a) Within five business days after filing the affidavit of\nentitlement, the broker shall serve a copy of such affidavit, along with\nthe fee required pursuant to paragraph (c) of subdivision five of this\nsection, upon the seller by registered or certified mail, return receipt\nrequested or by personal delivery, to the address set forth in the\nwritten contract of brokerage employment. If the delivery of the deed or\ndelivery of the stock certificate and/or proprietary lease will occur in\nfive business days or less from the filing of the affidavit of\nentitlement, then the broker shall personally deliver a copy of the\naffidavit of entitlement to the seller. Where there is more than one\nseller, service upon one seller shall be deemed sufficient to meet the\nrequirements of this paragraph. Failure to serve the affidavit of\nentitlement upon the seller pursuant to this paragraph shall cause a\nforfeiture of the broker's rights under subdivision five of this\nsection. In the event the seller fails to deposit any monies pursuant to\nparagraph (a) of subdivision five of this section, the seller shall\nimmediately return the fee provided by the broker.\n (b) If the seller is represented by an attorney and has provided the\nattorney's contact information to the broker prior to the filing of the\naffidavit of entitlement, the broker shall provide a copy of the\naffidavit of entitlement to the seller's attorney via mail, facsimile,\ne-mail, personal delivery or any other agreed upon method within five\nbusiness days of the filing of the affidavit of entitlement. Failure to\ndeliver a copy of the affidavit of entitlement to the seller's attorney\npursuant to this paragraph shall not ca
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