Q: I have a brokerage agreement with an owner of commercial property, dated October 15, 2005. I provided the owner and the closing agent a written commission notice before the closing date; however, the owner’s attorney says I’m not entitled to a lien on the owner’s proceeds because I didn’t have a disclosure in the brokerage agreement regarding the commercial lien law. Is this true?
A: Yes. Section 475.703(5), Florida Statutes, states that a broker must disclose to the owner at or before the time the owner executes the brokerage agreement that this law creates lien rights for a commission earned by the broker. The statute also states "a broker may not enforce a lien under this part for a commission earned under a brokerage agreement for which the disclosure required by this subsection was not made."