Avoid Losses: How to Enforce a Broker Lien on a Property for Unpaid Commissions

As a real estate broker, your job doesn’t end at showing a property, you work to negotiate, coordinate, and close deals. So when your commission goes unpaid after the transaction, it’s not just frustrating, it’s a serious breach of your rights.

Thankfully, Florida law allows licensed real estate brokers to file and enforce a lien on commercial property for unpaid commissions, provided certain steps are followed precisely. In this blog post, we’ll break down how to enforce a broker’s lien on a property, what’s legally required, and how a lawyer can help protect your interests and get you paid.

What Is a Broker Lien and When Can You File One?

A broker lien is a legal claim filed by a real estate broker against a property to secure payment of an unpaid commission. In Florida, this right is governed by the Commercial Real Estate Sales Commission Lien Act, found under Florida Statutes § 475.700–475.719.

Can a Broker File a Lien on Residential Property?

No. In Florida, broker liens are only allowed on commercial real estate, not residential. So, if you’re dealing with residential property, this remedy won’t apply. But for commercial deals, such as office buildings, retail spaces, warehouses, or industrial property, brokers do have lien rights under specific conditions.

Requirements to File a Broker’s Lien in Florida

Here’s what must be in place:

1. A Written Brokerage Agreement: You must have a signed written agreement between you and the party obligated to pay the commission. Verbal agreements or vague email exchanges are not enough.

2. The Property Must Be Commercial: Only commercial real estate is eligible for a broker’s lien in Florida. The statute strictly excludes residential transactions.

3. Timely Filing: To preserve your lien rights, you must file a Commission Notice in the public records before the closing of the transaction. The law is very specific on timing—miss the window, and you lose your right to lien.

How to File a Broker Lien in Florida (Step-by-Step)

Let’s walk through what enforcement looks like from start to finish.

Step 1: Draft and File the Commission Notice: Before the property closes, you’ll need to file a Commission Notice in the public records of the county where the property is located. The notice must include:

• Your name and brokerage
• A legal description of the property
• The amount of commission claimed
• The name of the person or entity obligated to pay
  

This notice must also be served to the property owner and other parties involved.

Step 2: Wait for Payment (or Not): Sometimes, the filing itself is enough to prompt payment. But if not, you have to move forward with enforcement.

Step 3: File a Lawsuit to Enforce the Lien: If the commission still isn’t paid, you must file a lawsuit to enforce the lien within the time limits set by law (usually within 2 years of filing the Commission Notice). This lawsuit seeks a court order requiring the owner to pay the commission owed.

How Long Do You Have to Enforce a Broker Lien?

Under Florida Statute § 475.711, the lien expires 2 years after the Commission Notice is recorded, unless a lawsuit to enforce it is filed.

However, waiting too long increases your risk, especially if the property changes hands or if your lien was filed incorrectly.

Can a Broker Lien Delay the Sale of the Property?

Yes, and that’s often the point. A valid broker lien on a commercial property clouds the title, making it difficult for the owner to complete the transaction without resolving the lien first. This creates pressure to resolve the commission dispute before closing.

That’s why it’s critical to file before the sale closes. After the closing, your leverage may be significantly reduced.

What Happens If the Property Closes Without Paying You?

If you missed the window to file your lien before the closing, you still may have a claim, but you’ll need to pursue a breach of contract lawsuit instead. This is a different legal path and does not involve a lien on the property.

The key takeaway: timing is everything. If you suspect a commission dispute is coming, get legal advice early.

Why You Should Work With a Real Estate Litigation Attorney

Filing and enforcing a broker lien isn’t just paperwork, it’s a legal process that requires strict compliance with Florida statutes. One small mistake in your notice or missed deadline can make your lien invalid.

At Ayala Law, we represent brokers, agents, and real estate professionals in commission disputes and lien enforcement. Whether you’re at the beginning of the process or dealing with a contested lien, our litigation team can guide you, protect your rights, and, most importantly, work to get you paid.

If you’re facing a commission dispute or need to enforce a lien, contact an experienced attorney in Miami at 305-570-2208.

You can also contact trial attorney Eduardo A. Maura at eduardo@ayalalawpa.com.

Schedule a case evaluation online here.

[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].