18A — July 12 - 25, 2013 — Mid Atlantic Real Estate Journal
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1100 East Hector Street, Suite 393 Conshohocken, PA 19428
President Gregory Ellis, CCIM Patterson Woods Commercial
Phone/Fax: 610-238-9950 / 610-238-9959 E-Mail: tristate@tristaterca.com Website: www.tristaterca.com
2013 Officers and Directors
Delaware Lawmakers Pass Commercial Real Estate Lien Bill By Greg Ellis, CCIM
WILMINGTON, Del. - As the result of a 20-year effort, Delaware now joins 29 other states with commercial broker real estate lien rights.
Gregory Ellis, CCIM, President/DE VP
Louis J. Battagliese, SIOR, President-Elect
The bill – known as the Commercial Real Estate Lien Bill – gives Delaware commercial real estate brokers the right to put a lien on a property if their commissions are not paid per a written contractual agreement.
Matthew G. Devine, Treasurer/Secretary
John Garruto, NJ VP
After receiving unanimous support by both the state House and Senate in March, Delaware Gov. Jack Markell signed House Bill 29 into law on May 3, followed by a ceremonial signing on June 7. The bill, co-sponsored by Rep. Bryon Short, D-Wilmington, and Laurel Democrat Sen. Robert L. Venables, Sr., becomes effective Aug. 1 -- 90 days after the signing. The Delaware Association of REALTORS® served as the key lobbying group for this effort with support from the TriState REALTORS® Commercial Alliance. The individuals most responsible were DAR’s counsel Andy Taylor, members Pete Davisson, Phil McGinnis and Greg Ellis, and DAR’s Government Affairs Director Maria Evans. Pivotal in lien rights issues for several other states, including Pennsylvania within the Tri-State area, attorney James Hochman was flown in for support with funding from NAR and DAR. Several were present at the June 7 ceremonial signing and photographed with Gov. Markel. Tri-State, NAR, and DAR REALTORS ® helped to fund and support the major legislative accomplishment for Delaware.
Sal Caimano, PA VP
Douglas Sayer, SIOR, Immediate Past President
Directors Amy Hawley, SIOR
Steven G. Michaelson Anthony Nichols, Jr. Glenn Pew Gregory J. West, SIOR
Without lien rights, a broker’s only viable option as a result of unpaid commissions is taking their case to court for judgment, a process that further prolongs securing their commissions. This bill will allow brokers to take action more efficiently if the owing party deviates from its written agreement.
TriState Brokers Liaisons Michael P. McCurdy
As the bill’s synopsis states, “the broker’s right to compensation should be protected by the right to file a lien.”
Past President John Derham
According to the bill, the broker will have 90 days to file a lien upon unpaid commissions, which remains effective for one year before an extension is necessary. DAR is working on the various forms that will be helpful for brokers to assert their lien rights.
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