Title 25 — Property

44 chapters · 315 sections in this title.

15 sectionsFiltered byTitle 25 Ch 26

25 Del. C. § 2601. Short title [For application of this section, see 79 Del. Laws, c. 18, § 2].
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§ 2601. Short title [For application of this section, see 79 Del. Laws, c. 18, § 2]. This chapter shall be known and may be cited as the “Commercial Real Estate Broker’s Lien Act.”79 Del. Laws, c. 18, § 1;
25 Del. C. § 2602. Definitions [For application of this section, see 79 Del. Laws, c. 18, § 2].
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§ 2602. Definitions [For application of this section, see 79 Del. Laws, c. 18, § 2]. As used in this chapter, the term: (1) “Broker” means any individual who holds a broker license from the Delaware Real Estate Commission and who for a compensation or valuable consideration, is s…
25 Del. C. § 2603. Right to lien [For application of this section, see 79 Del. Laws, c. 18, § 2].
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§ 2603. Right to lien [For application of this section, see 79 Del. Laws, c. 18, § 2]. Upon performance of all of the duties of the real estate broker as stated in the brokerage agreement except completing settlement, the broker shall have the right to place a lien upon commercia…
25 Del. C. § 2604. Claim of lien [For application of this section, see 79 Del. Laws, c. 18, § 2].
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§ 2604. Claim of lien [For application of this section, see 79 Del. Laws, c. 18, § 2]. (a) The claim for a broker’s lien shall attach to the commercial real estate upon the broker filing an affidavit and notice of broker’s lien in the form required in this chapter in the office o…
25 Del. C. § 2605. When to file the affidavit and notice of broker’s lien [For application of this section, see 79 Del. Laws, c. 18, § 2].
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§ 2605. When to file the affidavit and notice of broker’s lien [For application of this section, see 79 Del. Laws, c. 18, § 2]. The lien shall be recorded within 90 days of the failure to pay upon completion of the duties under § 2603 of this title or the agreed upon payment sche…
25 Del. C. § 2606. Form of affidavit and notice [For application of this section, see 79 Del. Laws, c. 18, § 2].
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§ 2606. Form of affidavit and notice [For application of this section, see 79 Del. Laws, c. 18, § 2]. The affidavit and notice of broker’s lien shall state the name of the broker claiming the broker’s lien, the name of the record owner of the commercial real estate that is the su…
25 Del. C. § 2607. Notice of lien to be mailed [For application of this section, see 79 Del. Laws, c. 18, § 2].
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§ 2607. Notice of lien to be mailed [For application of this section, see 79 Del. Laws, c. 18, § 2]. The broker shall cause a copy of the affidavit and notice of broker’s lien to be mailed to the record owner of the commercial real estate by certified mail, return receipt request…
25 Del. C. § 2608. Lien void if not filed timely [For application of this section, see 79 Del. Laws, c. 18, § 2].
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§ 2608. Lien void if not filed timely [For application of this section, see 79 Del. Laws, c. 18, § 2]. The broker’s lien shall be void and unenforceable if filing does not occur within the time and in the manner required by this chapter. A broker’s lien properly asserted against …
25 Del. C. § 2609. Escrow of lien amount [For application of this section, see 79 Del. Laws, c. 18, § 2].
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§ 2609. Escrow of lien amount [For application of this section, see 79 Del. Laws, c. 18, § 2]. Whenever an affidavit and notice of broker’s lien has been recorded, the record owner of the commercial real estate or the tenant in case of a lien upon the leasehold estate may have th…
25 Del. C. § 2610. Enforcement of lien [For application of this section, see 79 Del. Laws, c. 18, § 2].
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§ 2610. Enforcement of lien [For application of this section, see 79 Del. Laws, c. 18, § 2]. A broker may bring suit to enforce the broker’s lien in the Superior Court in the county where the commercial real estate is located (or in either county if the commercial real estate is …
25 Del. C. § 2611. Costs, expenses, and attorneys’ fees [For application of this section, see 79 Del. Laws, c. 18, § 2].
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§ 2611. Costs, expenses, and attorneys’ fees [For application of this section, see 79 Del. Laws, c. 18, § 2]. The costs and expenses of all proceedings brought under this chapter, including the enforcement of the broker’s lien, including reasonable attorneys’ fees actually incurr…
25 Del. C. § 2612. Priority of liens [For application of this section, see 79 Del. Laws, c. 18, § 2].
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§ 2612. Priority of liens [For application of this section, see 79 Del. Laws, c. 18, § 2]. The broker’s lien shall be a lien on the commercial real estate that is the subject of the notice of lien and shall have priority from the time it has been filed as required by this chapter…
25 Del. C. § 2613. Release or satisfaction of lien [For application of this section, see 79 Del. Laws, c. 18, § 2].
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§ 2613. Release or satisfaction of lien [For application of this section, see 79 Del. Laws, c. 18, § 2]. (a) Whenever a notice of lien has been filed and a condition occurs that in good faith would preclude the broker from receiving compensation under the terms of the brokerage a…
25 Del. C. § 2614. No waiver [For application of this section, see 79 Del. Laws, c. 18, § 2].
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§ 2614. No waiver [For application of this section, see 79 Del. Laws, c. 18, § 2]. An agreement by a broker to waive its right to a broker’s lien without having first received full payment is against public policy, void, and unenforceable.79 Del. Laws, c. 18, § 1;
25 Del. C. § 2615. Inconsistent law invalid [For application of this section, see 79 Del. Laws, c. 18, § 2].
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§ 2615. Inconsistent law invalid [For application of this section, see 79 Del. Laws, c. 18, § 2]. To the extent that this chapter conflicts with § 1601(b)(1) of this title, this later chapter shall control.79 Del. Laws, c. 18, § 1;