Q: I’m a broker with an exclusive right of sale residential listing agreement with a seller of a house. Because the seller’s friend bought the house, the seller says he doesn’t have to pay me a commission/brokerage fee. May I place a lien on the property?
A: The real estate license law provides that a broker cannot place a lien on a property unless (1) he or she is expressly permitted by contractual agreement with the seller to do so; (2) he or she is recording a civil judgment rendered by a Florida court.
Therefore, if your listing agreement or any other agreement with the seller does not permit you to put a lien on the property, you must file a lawsuit against the seller and obtain a judgment, which you can then record.
NOTE: The Commercial Real Estate Sales Commission Lien Act (found in sections 475.700 - 475.719) only applies where the property at issue meets the definition of "commercial real estate" as set forth in the act. The sale of a residential property improved with one single family residential unit does not constitute commercial real estate under the act.