Ch. 516

1994 LAWS OF MARYLAND

OBTAINING A COMMERCIAL TENANT AND INCLUDES A WRITTEN UNILATERAL
OFFER FROM AN OWNER OF COMMERCIAL PROPERTY TO ONE OR MORE BROKERS,
INCLUDING THE BROKER CLAIMING A LIEN UNDER THIS SUBTITLE, BUT UNSIGNED
BY THE BROKER CLAIMING SUCH LIEN.

(G) "COMMERCIAL LEASING COMMISSION" OR "COMMISSIONS MEANS THE
COMPENSATION PAYABLE BY THE OWNER OF COMMERCIAL PROPERTY TO A
BROKER FOR OBTAINING A COMMERCIAL TENANT UNDER A COMMERCIAL LEASING
BROKERAGE AGREEMENT.

(H) "LIEN PROPERTY" MEANS THE COMMERCIAL PROPERTY AGAINST WHICH
A BROKER'S LIEN IS CLAIMED OR AGAINST WHICH A BROKER'S LIEN HAS ATTACHED
UNDER THIS SUBTITLE.

(I) "COMMERCIAL PROPERTY" MEANS LAND, AND ANY IMPROVEMENTS ON
THE LAND, USED OR INTENDED TO BE USED FOR A NONRESIDENTIAL PURPOSE.

(J) "COMMERCIAL TENANT" MEANS A TENANT UNDER A COMMERCIAL
LEASE.

(K) "OWNER" MEANS THE OWNER OF THE COMMERCIAL PROPERTY.

14-302.

(A)     IF A BROKER IS NOT PAID A COMMISSION ACCORDING TO THE TERMS OF
A COMMERCIAL LEASING BROKERAGE AGREEMENT, THE BROKER SHALL BE
ENTITLED TO A LIEN UNDER THIS SUBTITLE FOR THE UNPAID PORTION OF THE
COMMISSION.

(B)      (1) A BROKER'S LIEN ESTABLISHED UNDER THIS SUBTITLE SHALL:

(I)       SUBJECT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH, HAVE
PRIORITY OVER ALL LIENS OF EVERY KIND PERFECTED AGAINST THE' LIEN
PROPERTY AFTER THE ISSUANCE OF AN INTERLOCUTORY ORDER OR THE FINAL
ORDER OF THE COURT UNDER § 14-305 OF THIS SUBTITLE;

(II)     BE SUBORDINATE TO A MECHANICS' LIEN ESTABLISHED
UNDER TITLE 9 OF THIS ARTICLE, AND PERFECTED SUBSEQUENT TO THE BROKER'S
LIEN IF THE MECHANICS' LIEN RELATES BACK TO A DATE WHEN WORK WAS
PERFORMED OR MATERIALS WERE FURNISHED AND THAT DATE IS PRIOR TO THE
ISSUANCE OF AN INTERLOCUTORY ORDER OR THE FINAL ORDER OF THE COURT
UNDER § 14-305 OF THIS SUBTITLE;

(III)       BE SUBORDINATE TO ALL LIENS PERFECTED PRIOR TO THE
ISSUANCE OF AN INTERLOCUTORY ORDER OR THE FINAL ORDER OF THE COURT
UNDER § 14-305 OF THIS SUBTITLE, NOTWITHSTANDING THAT THE HOLDER OF A
PRIOR PERFECTED LIEN HAD KNOWLEDGE OF THE BROKER'S UNFILED COMMISSION
CLAIM AT THE TIME OF PERFECTION; AND

(IV)    BE SUBORDINATE TO ALL OTHER LIENS WHICH ARE
OTHERWISE PARAMOUNT TO THE BROKER'S LIEN BY OPERATION OF LAW.

- 2452 -