Kansas Statutes 58-30a05. When lien attaches
Terms Used In Kansas Statutes 58-30a05
- Commercial real estate: means any real estate and any interest therein, except:
(1) Real estate containing one to four residential units;
(2) real estate containing single-family residential units such as condominiums, townhouses or homes in a subdivision when sold, leased or otherwise conveyed on a unit by unit basis, even though these units may be a part of a larger building or parcel of real estate containing more than four residential units;
(3) real estate on which no buildings or structures are located and which is zoned for single-family residential use; or
(4) real estate used for agricultural purposes. See Kansas Statutes 58-30a02
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
A broker’s lien attaches to the commercial real estate when:
(a) The broker procures a person or entity ready, willing and able to purchase, lease or otherwise accept a conveyance of such real estate upon the terms set forth in the written agreement with the owner or terms otherwise acceptable to the owner or owner’s agent, or the broker is entitled to a fee or commission pursuant to a written agreement signed by the owner or the owner’s agent; and
(b) the broker records a notice of the lien in the office of the register of deeds of the county in which the commercial real estate is located so long as such lien is filed prior to the actual conveyance or transfer of the commercial real estate subject to such broker’s lien.