Legal Question in Real Estate Law in Florida

Real estate commissions

In Florida can a real estate agent place a lien on a property for commissions due even if the have an open listing with the seller and the buyer did not contact the agent in anyway?


Asked on 1/20/07, 3:19 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Real estate commissions

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

A realtor cannot place a lien on real property for any reason whatsoever. If they have a claim, they must file a lawsuit and get a judgment. The judgement might then act as a lien against real property.

Based on the limtied facts you gave, it does not sound like the realtor would be successful in court. I would strongly suggest that you consult a local attorney with all the facts, however, and do not rely on this limited opinion.

Scott R. Jay, Esq.

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Answered on 1/21/07, 1:48 am


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