Effective - 28 Aug 1993
429.605. Broker's lien for compensation for services, requirements. — 1. Any real estate broker who is not acting as a real estate salesperson for another real estate broker shall have a lien on commercial real estate or an interest in such commercial real estate in the amount of the compensation as agreed upon by the real estate broker and the real estate broker's client or customer, if:
(1) Such real estate is listed with the real estate broker under terms of a written agreement for the purpose of selling, leasing or otherwise conveying any interest in the commercial real estate and evidenced by a written agreement signed by the owner or the owner's agent; and
(2) The real estate broker and the real estate salespersons retained by the real estate broker have provided licensed services that resulted in the procuring of a person or entity ready, willing and able to purchase, lease or otherwise accept a conveyance of the commercial real estate or any interest in the commercial real estate as provided for in the terms of the written agreement signed by the owner or owner's agent or other terms which were otherwise acceptable to the owner or owner's agent as evidenced by a written agreement signed by the owner or the owner's agent.
2. A real estate broker shall, also, have a lien on such commercial real estate or an interest in such commercial real estate if the real estate broker has a written agreement with a prospective buyer to represent the buyer to the purchase or other conveyance to the buyer of commercial real estate when the real estate broker becomes entitled to compensation pursuant to the written agreement.
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(L. 1993 S.B. 18 § 2)
(1998) Legislative intent, gleaned from the use of the phrase "other conveyances", indicates that the statute authorizes a real estate broker's lien on commercial real estate as a result of the broker's entitlement to compensation for procurement of a lease pursuant to a written agreement between the broker and the buyer. Incentive Realty, Inc. v. Hawatmeh, 983 S.W.2d 156 (E.D.Mo.).
Structure Missouri Revised Statutes
Title XXVII - Debtor-Creditor Relations
Chapter 429 - Statutory Liens Against Real Estate
Section 429.010 - Mechanics' and materialmen's lien, who may assert — extent of lien.
Section 429.014 - Lien fraud, penalties — claim against original contract, when.
Section 429.020 - Lien for street, sidewalk, sewer or pipeline adjacent to land.
Section 429.030 - Amount of property subject to lien.
Section 429.040 - Buildings on same or adjacent lots.
Section 429.050 - Priority of lien — improvements removed when — exception.
Section 429.060 - Lien shall have precedence over subsequent encumbrances.
Section 429.070 - Lien in case of licensed or leased property.
Section 429.080 - Lien filed with circuit clerk, when.
Section 429.090 - Abstract of lien by clerk.
Section 429.100 - Notification by subcontractors and others.
Section 429.110 - When owner nonresident — notice, how given.
Section 429.120 - Satisfaction to be filed, when.
Section 429.130 - Penalty for refusing to satisfy.
Section 429.140 - Duty of contractor when others file lien.
Section 429.150 - Who construed as owner or proprietor.
Section 429.160 - Assignment of mechanics' liens — rights of assignee.
Section 429.170 - Actions commenced in six months.
Section 429.180 - Pleadings as in other civil cases.
Section 429.190 - Who may be made parties.
Section 429.200 - Personal representative made party, when.
Section 429.210 - The judgment.
Section 429.220 - Judgment by default.
Section 429.230 - Judgment on constructive notice.
Section 429.240 - Judgment on personal service.
Section 429.250 - The execution.
Section 429.260 - Proceeds divided pro rata, when.
Section 429.280 - Parties to equitable action.
Section 429.290 - Equitable action exclusive of other remedies.
Section 429.300 - Other actions stayed when equitable action brought.
Section 429.310 - Time suits deemed commenced.
Section 429.320 - Appointment of referee by court, when — jury trials.
Section 429.330 - No equitable action in case of one lien.
Section 429.340 - Enforcement of decree ordering sale of property.
Section 429.350 - Enforcement of mechanics' liens by associate circuit judge.
Section 429.360 - Suits for foreclosure, process, procedure — same as other civil suits.
Section 429.440 - Lien on railroad property for work, labor, materials.
Section 429.450 - Such lien to have precedence over other encumbrances.
Section 429.460 - Account and claim of lien filed with circuit clerk, when — copy served.
Section 429.470 - Lien abstracts, contents — duties of clerk.
Section 429.480 - Secretary of state to file lien in his office.
Section 429.490 - Satisfaction filed, when.
Section 429.500 - Refusal of parties to satisfy — penalty.
Section 429.510 - Limitations of subcontractor's lien by his contract.
Section 429.520 - Actions to enforce lien, how conducted — nature of judgment.
Section 429.530 - Who shall be parties to suit.
Section 429.540 - Proceeds, when distributed pro rata.
Section 429.550 - Railroad liable to subcontractors, laborers, when.
Section 429.600 - Law, how cited.
Section 429.603 - Definitions.
Section 429.605 - Broker's lien for compensation for services, requirements.
Section 429.607 - Lien notice, content.
Section 429.611 - Lien claim release or satisfaction to be filed when.
Section 429.614 - Broker to mail copy of notice of lien to owner by certified mail.