Sec. 62.041. TIME TO FILE. (a) If a broker has earned a commission under a commission agreement signed by a seller or the seller's authorized agent, a broker must record a notice of lien: (1) after the commission is earned; and (2) before the conveyance of the commercial real estate interest on which the broker is claiming a lien. (b) If a broker has earned a commission under a commission agreement signed by a prospective buyer or a prospective buyer's authorized agent, the broker must record a notice of lien: (1) after the buyer acquires legal title to the commercial real estate interest on which the broker is claiming a lien; and (2) before the buyer conveys the buyer's commercial real estate interest on which the broker is claiming a lien. (c) If the lien is based on a lease transaction, the broker must record a notice of lien after the commission is earned and before the earlier of: (1) the 91st day after the date the event for which the commission becomes payable occurs; or (2) the date the person obligated to pay the commission records a subsequent conveyance of that person's commercial real estate interest after executing the lease agreement relating to the lease transaction for which the lien is claimed. (d) If a notice of lien is not filed within the time required by this section, the lien is void.
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