Sec. 6. (a) A lien under this chapter attaches to commercial real estate or an interest in commercial real estate upon:
(1) the broker company being entitled to fees or commissions under a written agreement, a contract, or another instrument signed by the owner, buyer, or tenant of the commercial real estate, or by an authorized agent of the owner, buyer, or tenant; and
(2) except as provided in sections 8 and 9 of this chapter, the broker company recording a notice of lien in the office of the recorder of the county in which the commercial real estate or an interest in the commercial real estate is located:
(A) before the recording of the deed for the actual conveyance or transfer of the commercial real estate against which the broker is claiming a lien, if the broker company claims fees or commissions from the party conveying or transferring an interest in the commercial real estate; or
(B) not later than ninety (90) days after the recording of the deed or other instrument for the purchase or other conveyance or transfer of the commercial real estate, if the broker company claims fees or commissions from the party receiving a conveyance or transfer of an interest in the commercial real estate.
(b) A lien under this chapter attaches on the date of the recording of the notice of the lien under subsection (a)(2) and does not relate back to the date of the written agreement, contract, or other written instrument described in subsection (a)(1).
As added by P.L.78-2006, SEC.1. Amended by P.L.127-2012, SEC.52; P.L.116-2015, SEC.25.
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