SUBCHAPTER E. RELEASE OF LIEN

Sec. 62.081.  RELEASE OF LIEN.  (a)  Not later than the fifth day after the date a broker receives a written request from the owner of a commercial real estate interest on which a lien is claimed, the broker shall furnish to the owner a release of indebtedness and any lien claimed if:
(1)  the debt that is the basis for the lien is satisfied;  or
(2)  the lien is discharged under Section 62.022, rendered void under Section 62.026 or 62.062, or extinguished under Section 62.031.
(b)  When a condition occurs that would preclude the broker from receiving a commission under the terms of the commission agreement that is the basis for the lien, the broker shall, not later than the 10th day after the date the broker receives a written request from the owner of the commercial real estate interest on which the lien is claimed, furnish to the owner a release of indebtedness and any lien claimed.
(c)  Not later than the 10th day after the date a broker receives a written request for the release of the broker's lien from the escrow agent responsible for closing the purchase and sale of a commercial real estate interest on which the lien is claimed, the broker shall furnish to the escrow agent a release of indebtedness and any lien claimed if:
(1)  the commercial real estate interest to which the lien attaches is subject to a contract for purchase and sale;
(2)  the release of indebtedness and any lien claimed is conditioned on the closing of the transaction;  and
(3)  the broker would otherwise be obligated to release the indebtedness and any lien claimed under Subsection (a) or (b) on the closing of the transaction.
(d)  A release of lien must be in a form that permits the instrument to be filed of record.
Added by Acts 1999, 76th Leg., ch. 1571, Sec. 1, eff. Aug. 30, 1999.