{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-1101.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-1101.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-1101.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-1101.html"}],"law_id":62522,"edition_id":1,"section_id":62522,"structure_id":15999,"section_number":"55.1-1101","catch_line":"Broker’s lien","history":"1992, c. 877, \u00a7 55-527; 1996, c. 557; 1998, c. 617; 2019, c. 712.","full_text":"A\n\nAny principal broker who, either himself or through the principal broker’s or associated broker’s employees or independent contractors, has provided licensed services that result in the procuring of a tenant of commercial real estate upon the terms provided for in a written agreement signed by the owner of such commercial real estate, or that are otherwise acceptable to the owner as evidenced by a written agreement signed by the owner, shall have a lien, in the amount of the compensation agreed upon by and between the principal broker and the owner, upon rent paid by the tenant of the commercial real estate or by the successors or assigns of such tenant. The amount of the lien shall not exceed the lesser of (i) the amount of the rent to be paid during the term of the lease or (ii) the amount of the rent to be paid during the first 20 years of such lease.B\n\nThe lien provided by this chapter shall not attach or be perfected until a memorandum of such lien signed under oath by the broker and meeting the requirements of this subsection has been recorded in the clerk’s office of the circuit court of the county or city where the commercial real estate is located, from which date the lien shall have priority over all liens recorded subsequent thereto. The memorandum of lien shall state the name of the claimant, the name of the owner of the commercial real estate, a description of the commercial real estate, the name and address of the person against whom the broker’s claim for compensation is made, the name and address of the tenant paying the rent against which the lien is being claimed, the amount for which the lien is being claimed, and the real estate license number of the principal broker claiming the lien. The lien provided by this chapter and the right to rents secured by such lien shall be subordinate to all liens, deeds of trust, mortgages, or assignments of the leases, rents, or profits recorded prior to the time the memorandum of lien is recorded and shall not affect a purchaser for valuable consideration without constructive or actual notice of the recorded lien.\n\t\t\tHowever, a purchaser acquiring fee simple title to commercial real estate and having actual knowledge of terms of a lease agreement that provide for the payment of brokerage fees due and payable to a real estate broker shall be liable for payment of such brokerage fees, unless otherwise agreed to in writing by the parties at or before the time of sale regardless of whether the real estate broker has perfected the lien in accordance with this chapter. The term “purchaser” does not include a trustee under or a beneficiary of a deed of trust, a mortgagee under a mortgage, a secured party or any other assignee under an assignment as security, or successors, assigns, transferees, or purchasers from such persons or entities.C\n\nNothing in this section shall be construed to prevent a subsequent purchaser of commercial real estate subject to a lien under this chapter from establishing an escrow fund at settlement sufficient to satisfy the lien that may otherwise affect transferability of title.","order_by":null,"text":{"0":{"id":227997,"text":"Any principal broker who, either himself or through the principal broker’s or associated broker’s employees or independent contractors, has provided licensed services that result in the procuring of a tenant of commercial real estate upon the terms provided for in a written agreement signed by the owner of such commercial real estate, or that are otherwise acceptable to the owner as evidenced by a written agreement signed by the owner, shall have a lien, in the amount of the compensation agreed upon by and between the principal broker and the owner, upon rent paid by the tenant of the commercial real estate or by the successors or assigns of such tenant. The amount of the lien shall not exceed the lesser of (i) the amount of the rent to be paid during the term of the lease or (ii) the amount of the rent to be paid during the first 20 years of such lease.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":227998,"text":"The lien provided by this chapter shall not attach or be perfected until a memorandum of such lien signed under oath by the broker and meeting the requirements of this subsection has been recorded in the clerk’s office of the circuit court of the county or city where the commercial real estate is located, from which date the lien shall have priority over all liens recorded subsequent thereto. The memorandum of lien shall state the name of the claimant, the name of the owner of the commercial real estate, a description of the commercial real estate, the name and address of the person against whom the broker’s claim for compensation is made, the name and address of the tenant paying the rent against which the lien is being claimed, the amount for which the lien is being claimed, and the real estate license number of the principal broker claiming the lien. The lien provided by this chapter and the right to rents secured by such lien shall be subordinate to all liens, deeds of trust, mortgages, or assignments of the leases, rents, or profits recorded prior to the time the memorandum of lien is recorded and shall not affect a purchaser for valuable consideration without constructive or actual notice of the recorded lien.\n\t\t\tHowever, a purchaser acquiring fee simple title to commercial real estate and having actual knowledge of terms of a lease agreement that provide for the payment of brokerage fees due and payable to a real estate broker shall be liable for payment of such brokerage fees, unless otherwise agreed to in writing by the parties at or before the time of sale regardless of whether the real estate broker has perfected the lien in accordance with this chapter. The term “purchaser” does not include a trustee under or a beneficiary of a deed of trust, a mortgagee under a mortgage, a secured party or any other assignee under an assignment as security, or successors, assigns, transferees, or purchasers from such persons or entities.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":227999,"text":"Nothing in this section shall be construed to prevent a subsequent purchaser of commercial real estate subject to a lien under this chapter from establishing an escrow fund at settlement sufficient to satisfy the lien that may otherwise affect transferability of title.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":15999,"edition_id":1,"name":"Commercial Real Estate Broker's Lien Act","identifier":"11","label":"chapter","depth":3,"order_by":1,"parent_id":13524,"metadata":{},"date_created":"2026-06-26 04:03:34","date_modified":"2026-06-26 04:03:34","permalink":{"id":245449,"object_type":"structure","relational_id":15999,"identifier":"11","token":"55.1\/II\/11","url":"\/55.1\/II\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13524,"edition_id":1,"name":"Real Estate Settlements and Recordation","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12707,"metadata":{},"date_created":"2026-06-26 03:45:07","date_modified":"2026-06-26 03:45:07","permalink":{"id":245369,"object_type":"structure","relational_id":13524,"identifier":"II","token":"55.1\/II","url":"\/55.1\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12707,"edition_id":1,"name":"Property and Conveyances","identifier":"55.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":244769,"object_type":"structure","relational_id":12707,"identifier":"55.1","token":"55.1","url":"\/55.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":70575,"structure_id":15999,"section_number":"55.1-1100","catch_line":"Definitions","url":"\/55.1-1100\/","token":"55.1\/II\/11\/55.1-1100","metadata":false},{"id":62522,"structure_id":15999,"section_number":"55.1-1101","catch_line":"Broker's lien","url":"\/55.1-1101\/","token":"55.1\/II\/11\/55.1-1101","metadata":false}],"previous_section":{"id":70575,"structure_id":15999,"section_number":"55.1-1100","catch_line":"Definitions","url":"\/55.1-1100\/","token":"55.1\/II\/11\/55.1-1100","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-1101\/","history_text":"

This law was first created in 1992. The record of its establishment is cataloged in chapter 877 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1992 \u201cActs\u201d aren\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1996, chapter 557<\/a>; in 1998, chapter 617<\/a>; in 2019, chapter 712<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":245455,"object_type":"law","relational_id":62522,"identifier":"55.1-1101","token":"55.1\/II\/11\/55.1-1101","url":"\/55.1-1101\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-1101\/","token":"55.1\/II\/11\/55.1-1101","dublin_core":{"Title":"Broker’s lien","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-1101","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any principal broker<\/span> who, either himself or through the principal broker<\/span>’s or associated broker’s employees or independent contractors, has provided licensed services that result in the procuring of a tenant of commercial real estate<\/span> upon the terms provided for in a written agreement signed by the owner of such commercial real estate<\/span>, or that are otherwise acceptable to the owner as evidenced by a written agreement signed by the owner, shall have a lien<\/span>, in the amount of the compensation agreed upon by and between the principal broker<\/span> and the owner, upon rent paid by the tenant of the commercial real estate<\/span> or by the successors or assigns of such tenant. The amount of the lien<\/span> shall not exceed the lesser of (i) the amount of the rent to be paid during the term of the lease or (ii) the amount of the rent to be paid during the first 20 years of such lease. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The lien<\/span> provided by this chapter shall not attach or be perfected until a memorandum<\/span> of such lien<\/span> signed under oath<\/span> by the broker and meeting the requirements of this subsection has been recorded in the clerk’s office of the circuit<\/span> court<\/span> of the county or city where the commercial real estate<\/span> is located, from which date the lien<\/span> shall have priority over all liens<\/span> recorded subsequent thereto. The memorandum<\/span> of lien<\/span> shall state the name of the claimant, the name of the owner of the commercial real estate<\/span>, a description of the commercial real estate<\/span>, the name and address of the person against whom the broker’s claim for compensation is made, the name and address of the tenant paying the rent against which the lien<\/span> is being claimed, the amount for which the lien<\/span> is being claimed, and the real estate license number of the principal broker<\/span> claiming the lien<\/span>. The lien<\/span> provided by this chapter and the right to rents secured by such lien<\/span> shall be subordinate to all liens<\/span>, deeds of trust, mortgages, or assignments of the leases, rents, or profits recorded prior to the time the memorandum<\/span> of lien<\/span> is recorded and shall not affect a purchaser for valuable consideration without constructive or actual notice of the recorded lien<\/span>.\n\t\t\tHowever, a purchaser acquiring fee simple title to commercial real estate<\/span> and having actual knowledge of terms of a lease agreement that provide for the payment of brokerage fees due and payable to a real estate broker shall be liable for payment of such brokerage fees, unless otherwise agreed to in writing by the parties at or before the time of sale regardless of whether the real estate broker has perfected the lien<\/span> in accordance with this chapter. The term “purchaser” does not include a trustee under or a beneficiary of a deed of trust, a mortgagee under a mortgage, a secured party<\/span> or any other assignee under an assignment as security, or successors, assigns, transferees, or purchasers from such persons or entities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Nothing in this section shall be construed to prevent a subsequent purchaser of commercial real estate<\/span> subject to a lien<\/span> under this chapter from establishing an escrow fund at settlement<\/span> sufficient to satisfy the lien<\/span> that may otherwise affect transferability of title. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nBROKER’S LIEN (\u00a7 55.1-1101)\n\nA. Any principal broker who, either himself or through the principal\nbroker’s or associated broker’s employees or independent\ncontractors, has provided licensed services that result in the procuring of a\ntenant of commercial real estate upon the terms provided for in a written\nagreement signed by the owner of such commercial real estate, or that are\notherwise acceptable to the owner as evidenced by a written agreement signed by\nthe owner, shall have a lien, in the amount of the compensation agreed upon by\nand between the principal broker and the owner, upon rent paid by the tenant of\nthe commercial real estate or by the successors or assigns of such tenant. The\namount of the lien shall not exceed the lesser of (i) the amount of the rent to\nbe paid during the term of the lease or (ii) the amount of the rent to be paid\nduring the first 20 years of such lease.\n\nB. The lien provided by this chapter shall not attach or be perfected until a\nmemorandum of such lien signed under oath by the broker and meeting the\nrequirements of this subsection has been recorded in the clerk’s office of\nthe circuit court of the county or city where the commercial real estate is\nlocated, from which date the lien shall have priority over all liens recorded\nsubsequent thereto. The memorandum of lien shall state the name of the claimant,\nthe name of the owner of the commercial real estate, a description of the\ncommercial real estate, the name and address of the person against whom the\nbroker’s claim for compensation is made, the name and address of the\ntenant paying the rent against which the lien is being claimed, the amount for\nwhich the lien is being claimed, and the real estate license number of the\nprincipal broker claiming the lien. The lien provided by this chapter and the\nright to rents secured by such lien shall be subordinate to all liens, deeds of\ntrust, mortgages, or assignments of the leases, rents, or profits recorded prior\nto the time the memorandum of lien is recorded and shall not affect a purchaser\nfor valuable consideration without constructive or actual notice of the recorded\nlien.\n\t\t\tHowever, a purchaser acquiring fee simple title to commercial real estate and\nhaving actual knowledge of terms of a lease agreement that provide for the\npayment of brokerage fees due and payable to a real estate broker shall be\nliable for payment of such brokerage fees, unless otherwise agreed to in writing\nby the parties at or before the time of sale regardless of whether the real\nestate broker has perfected the lien in accordance with this chapter. The term\n“purchaser” does not include a trustee under or a beneficiary of a\ndeed of trust, a mortgagee under a mortgage, a secured party or any other\nassignee under an assignment as security, or successors, assigns, transferees,\nor purchasers from such persons or entities.\n\nC. Nothing in this section shall be construed to prevent a subsequent purchaser\nof commercial real estate subject to a lien under this chapter from establishing\nan escrow fund at settlement sufficient to satisfy the lien that may otherwise\naffect transferability of title.\n\nHISTORY: 1992, c. 877, \u00a7 55-527; 1996, c. 557; 1998, c. 617; 2019, c. 712.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}