Delaware Code
Chapter 26. Commercial Real Estate Broker’s Lien Act [For application of this chapter, see 79 Del. Laws, c. 18, § 2]
§ 2613. Release or satisfaction of lien [For application of this section, see 79 Del. Laws, c. 18, § 2].

(a) Whenever a notice of lien has been filed and a condition occurs that in good faith would preclude the broker from receiving compensation under the terms of the brokerage agreement, the broker shall provide to the record owner of the commercial real estate and the person who would have been liable for such payment, a written release or satisfaction of the broker's lien.
(b) The record owner, the person liable for payment to the broker pursuant to the brokerage agreement, or the holder of any lien against the commercial real estate may serve a demand on the broker who filed the affidavit and notice of broker's lien requiring that suit be commenced to enforce the broker's lien, a suit shall be commenced as provided in this chapter within 20 days, or the broker's lien shall be deemed released and satisfied. Service of such demand shall be in the manner required for the service of a summons and complaint under the Rules of Civil Procedure of the Superior Court.
(c) Whenever a claim is paid for which an affidavit and notice of broker's lien has been timely filed, or where there is failure to institute a suit to enforce the broker's lien within the times provided by this chapter, or if the affidavit and notice of lien has not been continued as provided in this chapter, the broker's lien shall be deemed released and satisfied and the broker shall file a satisfaction and release as provided in this chapter with the office of the recorder of deeds where the affidavit and notice of broker's lien is filed and acknowledge release and satisfaction of the broker's lien, in writing, on written demand of the record owner or the person who was liable for the payment pursuant to the brokerage agreement.
(d) A Delaware lawyer representing a party in a real estate settlement may require a broker who has been paid the full compensation due at settlement to execute a release or estoppels affidavit stating that no lien has been filed for the compensation that has been paid, no lien will be filed, and if a notice of lien was filed, that the broker authorizes the filing of a written release or satisfaction of the lien by the settlement attorney. Such release, whether signed by the broker or an associate broker or salesperson licensed under the broker, is binding upon the broker and brokerage organization and may be relied upon by the parties and title insurance company.

Structure Delaware Code

Delaware Code

Title 25 - Property

Chapter 26. Commercial Real Estate Broker’s Lien Act [For application of this chapter, see 79 Del. Laws, c. 18, § 2]

§ 2601. Short title [For application of this section, see 79 Del. Laws, c. 18, § 2].

§ 2602. Definitions [For application of this section, see 79 Del. Laws, c. 18, § 2].

§ 2603. Right to lien [For application of this section, see 79 Del. Laws, c. 18, § 2].

§ 2604. Claim of lien [For application of this section, see 79 Del. Laws, c. 18, § 2].

§ 2605. When to file the affidavit and notice of broker's lien [For application of this section, see 79 Del. Laws, c. 18, § 2].

§ 2606. Form of affidavit and notice [For application of this section, see 79 Del. Laws, c. 18, § 2].

§ 2607. Notice of lien to be mailed [For application of this section, see 79 Del. Laws, c. 18, § 2].

§ 2608. Lien void if not filed timely [For application of this section, see 79 Del. Laws, c. 18, § 2].

§ 2609. Escrow of lien amount [For application of this section, see 79 Del. Laws, c. 18, § 2].

§ 2610. Enforcement of lien [For application of this section, see 79 Del. Laws, c. 18, § 2].

§ 2611. Costs, expenses, and attorneys' fees [For application of this section, see 79 Del. Laws, c. 18, § 2].

§ 2612. Priority of liens [For application of this section, see 79 Del. Laws, c. 18, § 2].

§ 2613. Release or satisfaction of lien [For application of this section, see 79 Del. Laws, c. 18, § 2].

§ 2614. No waiver [For application of this section, see 79 Del. Laws, c. 18, § 2].

§ 2615. Inconsistent law invalid [For application of this section, see 79 Del. Laws, c. 18, § 2].