Sec. 62.104. REFUSAL TO ESTABLISH ESCROW ACCOUNT OR BOND. (a) A party may not refuse to close a transaction because of the requirement to establish an escrow account or bond as provided by Section 62.101 if:
(1) the broker provides a copy of the notice of lien that complies with Sections 62.025 and 62.026;
(2) sufficient proceeds will result from the proposed transaction for the payment of the commission and costs of the interpleader; and
(3) the broker executes and delivers a full release of the broker's lien in a recordable form.
(b) A prospective buyer of a commercial real estate interest may not refuse to close the purchase solely because a broker's lien is filed after the date a title commitment or abstract of title relating to the interest is issued if an escrow account is established as provided by this subchapter or a bond is filed as provided by Subchapter G.
Added by Acts 1999, 76th Leg., ch. 1571, Sec. 1, eff. Aug. 30, 1999.
Structure Texas Statutes
Title 5 - Exempt Property and Liens
Chapter 62 - Broker's and Appraiser's Lien on Commercial Real Estate
Subchapter F. Escrow of Disputed Amounts
Section 62.101. Escrow Account
Section 62.102. Named Escrow Agent
Section 62.103. Costs of Interpleader
Section 62.104. Refusal to Establish Escrow Account or Bond