52-2103. Lien; amount; attachment; when; notice of lien; recording; notice of lien for future commission; how treated.
(1)(a) A commercial real estate broker shall have a lien upon commercial real estate or any interest in that commercial real estate that is the subject of a purchase, lease, or other conveyance to a buyer or tenant of an interest in the commercial real estate in the amount of commissions that the commercial real estate broker is due.
(b) The lien shall be available only to the commercial real estate broker named in a commission agreement signed by an owner or buyer or their respective authorized agents as applicable and is not available to an employee, agent, subagent, or independent contractor of a commercial real estate broker.
(2) A lien under this section shall attach to commercial real estate or any interest in the commercial real estate when:
(a) The commercial real estate broker is entitled to a commission provided in a commission agreement signed by the owner, buyer, or their respective authorized agents, as applicable; and
(b) The commercial real estate broker records a notice of lien in the office of the register of deeds of the county in which the commercial real estate is located, prior to the actual conveyance or transfer of the commercial real estate against which the commercial real estate broker is claiming a lien, except as provided in this section. The lien shall attach as of the date of the recording of the notice of lien and shall not relate back to the date of the commission agreement.
(3) In the case of a lease, including a sublease or an assignment of a lease, the notice of lien shall be recorded not later than ninety days after the tenant takes possession of the leased premises. The lien shall attach as of the recording of the notice of lien and shall not relate back to the date of the commission agreement.
(4)(a) If a commercial real estate broker is due an additional commission as a result of future actions, including, but not limited to, the exercise of an option to expand the leased premises or to renew or extend a lease pursuant to a commission agreement signed by the then owner, the commercial real estate broker may record its notice of lien at any time after execution of the lease or other commission agreement which contains such option, but not later than ninety days after the event or occurrence on which the future commission is claimed occurs.
(b) In the event that the commercial real estate is sold or otherwise conveyed prior to the date on which a future commission is due, and if the commercial real estate broker has filed a valid notice of lien prior to the sale or other conveyance of the commercial real estate, then the purchaser or transferee shall be deemed to have notice of and shall take title to the commercial real estate subject to the notice of lien. If a commercial real estate broker claiming a future commission fails to record its notice of lien for future commission prior to the recording of a deed conveying legal title to the commercial real estate to the purchaser or transferee, then such commercial real estate broker shall not claim a lien on the commercial real estate. This subsection shall not limit or otherwise affect claims or defenses a commercial real estate broker or owner or any other party may have on any other basis, in law or in equity.
(5) If a commercial real estate broker has a commission agreement as described in subdivision (4)(a) of this section with a prospective buyer, then the lien shall attach upon the prospective buyer purchasing or otherwise accepting a conveyance or transfer of the commercial real estate and the recording of a notice of lien by the commercial real estate broker in the office of the register of deeds of the county in which the commercial real estate, or any interest in the commercial real estate, is located, within ninety days after the purchase or other conveyance or transfer to the buyer or tenant. The lien shall attach as of the date of the recording of the notice of lien and shall not relate back to the date of the commission agreement.
Source
Structure Nebraska Revised Statutes
52-115 - Labor on railroads, similar utilities; liability of company; notice of claim; interest.
52-116 - Railroad and similar construction; lien for labor or material; to what attaches.
52-124 - Failure to apply payments for lawful claims; failure to discharge lien; penalty.
52-128 - Contracting owner; presumption of agency.
52-129 - Protected party, residential real estate, defined.
52-130 - Real estate improvement contract, defined.
52-131 - Construction lien; existence; amount; priority; enforcement.
52-132 - Public property; exempt from lien.
52-133 - Real estate subject to construction lien.
52-134 - Lien for materials; conditions; limitations.
52-137 - Attachment and enforcement of lien; recording required; time limitation; attachment, when.
52-138 - Priority among lien claimants.
52-139 - Priority of construction liens as against claims other than construction lien claims.
52-142 - Substitution of collateral; release of lien; procedure.
52-144 - Waiver of construction lien rights; what constitutes; validity; effect.
52-145 - Notice of commencement; by whom filed; contents; recording; duration; extension.
52-146 - Termination of notice of commencement; procedure.
52-147 - Lien recording; contents.
52-148 - Amendment of recorded lien.
52-149 - Assignment of lien rights; recording; effect.
52-150 - Notice of surety bond; recording; contents.
52-151 - Substitution of collateral; certificate; recording; contents.
52-152 - Demand to institute judicial proceedings; recording; claimant's statement; recording.
52-153 - Owner's statement of apportionment of lien; recording; contents.
52-154 - Discharge of lien; partial release; procedure.
52-155 - Proceeding to enforce lien.
52-156 - Recording of notice of termination before abandonment or completion; owner; liability.
52-157 - Remedies for wrongful conduct.
52-159 - Substitution of terms; Revisor of Statutes; duties.
52-201 - Creation of lien; retention of property authorized.
52-202 - Lien; perfection; financing statement; filing.
52-203 - Lien; effect; priority; limitation; enforcement; fee.
52-204 - Lien satisfied; financing statement; termination.
52-302 - Verified statement; filing.
52-303 - Foreclosure; limitation; joinder of claims.
52-304 - Foreclosure; sale; proceeds; excess; disposition.
52-502 - Lien; effect; not assignable; landlord's share exempt.
52-504 - Lien satisfied; financing statement; termination.
52-601.01 - Services performed upon personal property; disposition of property; when; notice.
52-603 - Lien; how satisfied; sale.
52-604 - Sale; proceeds; distribution.
52-701 - Lien; perfection; financing statement; filing; enforcement; fee.
52-702 - Lien satisfied; financing statement; termination.
52-801 - Clothing; household goods; services thereon; sale; notice.
52-802 - Clothing; household goods; storage; sale; notice.
52-803 - Sale; notice to owner; registered or certified mail; time of mailing.
52-804 - Sale; disposition of proceeds; when payable to owner.
52-805 - Notice to be posted in place of business.
52-806 - Sale; where; when; notice by publication; notice by posting; contents.
52-902 - Lien; perfection; financing statement; filing; fee.
52-903 - Lien; effect of filing; sale of crop, effect; enforcement.
52-904 - Lien; innocent purchaser protected; not applicable to landlord's share; not assignable.
52-905 - Lien satisfied; financing statement; termination.
52-1001 - Federal liens; notice; filing.
52-1002 - Certifications; filing.
52-1003 - Notice; filing officer; duties; liability.
52-1004 - Notice; filing; fees; billing.
52-1005 - Lien, notice, certificate; filed on or before January 1, 1970; filing officer; duties.
52-1008 - Lien satisfied; termination statement; procedure.
52-1102 - Lien; perfection; financing statement; filing; fee.
52-1103 - Lien; time for filing; date of attachment; enforcement.
52-1104 - Lien satisfied; financing statement; termination.
52-1201 - Lien on crops; authorized.
52-1202 - Lien; perfection; financing statement; filing; fee.
52-1203 - Lien; date of attachment; enforcement.
52-1205 - Lien satisfied; financing statement; termination.
52-1302 - Definitions, where found.
52-1302.01 - Approved unique identifier, defined.
52-1303 - Buyer in the ordinary course of business, defined.
52-1304 - Central filing system, defined.
52-1305 - Commission merchant, defined.
52-1307 - Effective financing statement, defined.
52-1308 - Farm product, defined.
52-1310 - Security interest, defined.
52-1311 - Selling agent, defined.
52-1312 - Central filing system; Secretary of State; duties; system requirements; fees.
52-1313 - Filing of effective financing statement; fees.
52-1313.01 - Effective financing statements; electronic access; fees.
52-1314 - Filing of continuation statement; requirements; insolvency proceedings; effect.
52-1315 - Notice of lapse of effective financing statement; waiver of notice; effect.
52-1316 - Information provided by filing; oral and written inquiries; duties; fees; liability.
52-1317 - Verification of security interest; seller; duty.
52-1318 - Rules and regulations; federal provisions adopted; Secretary of State; duties.
52-1319 - Receipt of written notice, defined.
52-1320 - Buyer subject to security interest; when; waiver or release.
52-1321 - Filing prior to December 24, 1986; effect.
52-1322 - Filing prior to July 1, 1999; effect.
52-1402 - Lien-notification statement; requirements; contents.
52-1403 - Lien-notification statement; lender response.
52-1404 - Lender response; effect.
52-1405 - Lender; failure to respond; effect.
52-1406 - Lien; attachment; when.
52-1407 - Lien; perfection; financing statement; filing; priority; enforcement; fee.
52-1408 - Lien; enforcement procedures; extinguishment.
52-1409 - Lien satisfied; financing statement; termination.
52-1410 - Sections, how construed.
52-1501 - Stallion, jack, or bull; lien for service.
52-1502 - Liens; list of animals served; filing.
52-1503 - Lien; period enforceable.
52-1505 - Lien; sale or removal of animals prohibited; exception.
52-1506 - Violations; penalty.
52-1601 - Master lien list; Secretary of State; compilation.
52-1603 - Buyer of farm products; purchase subject to lien; when; waiver or release of lien.
52-1604 - Errors or omissions; exempt from liability.
52-1605 - Rules and regulations.
52-1702 - Assignment instrument; terms.
52-1703 - Security interest; when valid.
52-1704 - Security interest; perfection.
52-1705 - Security interest; enforcement by assignee.
52-1706 - Assignee; collection of rents; lease terms ineffective; when.
52-1708 - Applicability of sections.
52-1901 - Nonconsensual common-law lien, defined.
52-1902 - Transferred to section 52-1907.
52-1903 - Filing officer; duty to refuse.
52-1904 - Lien; strike from record; when.
52-1905 - Nonconsensual common-law lien; how treated.
52-1907 - Submission for filing or recording; liability.
52-2104 - Notice of lien; mailing of notice required; effect on lien.
52-2105 - Notice of lien; contents.