Sec. 5. A broker company may have a lien upon commercial real estate, or any interest in commercial real estate, that is the subject of a purchase, a lease, or other conveyance to a buyer or tenant, in the amount that the broker company is due for licensed services, including brokerage fees, consulting fees, and management fees due the broker company under a written agreement, a contract, or another written instrument:
(1) signed by:
(A) the owner of an interest in the commercial real estate or by the owner's authorized agent; or
(B) a prospective buyer or prospective tenant, or by the buyer's or tenant's authorized agent; and
(2) entered into after June 30, 2006.
A lien under this chapter is available to the broker company named in the written agreement, contract, or other written instrument signed by the owner, buyer, or tenant, or their respective agents, and not to an employee or independent contractor of the broker company.
As added by P.L.78-2006, SEC.1. Amended by P.L.127-2012, SEC.51; P.L.116-2015, SEC.24.
Structure Indiana Code
Article 28. Liens on Real Property
Chapter 12.5. Commercial Real Estate Broker Liens
32-28-12.5-0.5. "Broker Company"
32-28-12.5-1. "Commercial Real Estate"
32-28-12.5-2. "Fees or Commissions"
32-28-12.5-3. "Managing Broker"
32-28-12.5-6. When Lien Attaches to Commercial Real Estate
32-28-12.5-10. Notice of Lien; Service on Owner; Mailing or Personal Service
32-28-12.5-11. Foreclosure of Lien; Procedures; Contents of Complaint
32-28-12.5-12. Notice of Lien; Contents; Signature; Verification
32-28-12.5-14. Alternative Dispute Resolution; Forum; Judgment; Stay of Foreclosure Proceeding
32-28-12.5-15. Cost of Proceedings; Apportionment
32-28-12.5-16. Waiver of Right to Lien Void
32-28-12.5-17. Prior Recorded Liens, Mortgages, and Encumbrances; Priority