Release or Satisfaction of Lien on Occurrence of Condition Precluding Broker From Receiving Compensation; Suit to Enforce Lien; When Lien Invalid; When Right to File and Record Lien Dissolved

  1. Law
  2. Georgia Code
  3. Property
  4. Mortgages, Conveyances to Secure Debt, and Liens
  5. Liens
  6. Commercial Real Estate Broker Liens
  7. Release or Satisfaction of Lien on Occurrence of Condition Precluding Broker From Receiving Compensation; Suit to Enforce Lien; When Lien Invalid; When Right to File and Record Lien Dissolved

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  1. Whenever a claim for lien has been filed with the superior court and a condition occurs that would preclude the broker from receiving compensation under the terms of the broker's written agreement, the broker shall provide to the owner of record a written release or satisfaction of the lien.
  2. Upon written demand of the owner, lienee, or other authorized agent served on the broker claiming the lien requiring that suit be commenced to enforce the lien or answer be filed in a pending suit, a suit shall be commenced or answer filed in a pending suit, within 90 days thereafter, or the lien shall be extinguished. Service of such demand shall be in the manner required by Chapter 11 of Title 9, the "Georgia Civil Practice Act," for the service of a summons and complaint.
  3. Whenever a claim for lien has been timely filed with the clerk of the superior court and is paid, or where there is failure to institute a suit to enforce the lien within the time provided by this part, the lien shall be invalid and the broker shall acknowledge satisfaction or release of the lien, in writing, on written demand of the owner within 30 days after payment or expiration of the time in which to perfect the lien.This release of the broker shall not be required to invalidate the lien.
  4. The broker's right to file and record a lien provided for in this part shall be dissolved if the owner, purchaser from owner, lender providing a loan secured by commercial real estate, or other holder of lienable interest in commercial real estate shows that:
    1. The lien has been waived in writing by the lien claimant or its expressly authorized agent; or
    2. The owner or a person at whose instance the brokerage or management services were provided has given a sworn written statement that all such compensation due or to become due has been paid or has been waived in writing by the potential lien claimant; and
    3. At the time the sworn written statement was obtained or given as part of a bona fide sale or a loan secured by the commercial real estate, the lien of record had not been previously canceled, dissolved, or expired.

(Code 1981, §44-14-605, enacted by Ga. L. 1993, p. 1490, § 1.)


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