Click on the state below that you are interested in to jump directly to it. Otherwise you may scroll down to view information about all of the states listed below. 

• Alabama
• Connecticut
• Florida
• Georgia
• Illinois
• Maine
• Maryland
• Missouri
• Nevada
• New York
• Ohio
• Pennsylvania
• Texas
• Virginia
• Washington
   
  

Alabama 

Is a written agreement required?
Yes. 35-11-451(a)

May the broker waive his right to the lien? 
Not precluded by statute.

Does the legislation facilitate the sale of the property even if a lien is in dispute?
No.

May the power of the property compel the broker to bring suit to settle the lien?
Yes. 35-11-451(d)

May the broker place a lien on a leasehold interest?
Yes. 35-11-451(e)

Required release?
Not addressed.

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Connecticut

Is a written agreement required?
Yes. 20-325a(c)

May the broker waive his right to the lien?
Yes. (Not precluded by legislation)

Does the legislation facilitate the sale of the property even if a lien is in dispute?
Yes. 20-324a(n)

May the power of the property compel the broker to bring suit to settle the lien?
Yes. Broker has 30 days to bring suit after receiving written demand. 20-325a(1)

May the broker place a lien on a leasehold interest?
Yes. 20-325a(g)

Required release?
Yes. 20-325(m)

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Florida

Is a written agreement required?
Yes.

May the broker waive his right to the lien?
Yes.

Does the legislation facilitate the sale of the property even if a lien is in dispute?
Not addressed.

May the power of the property compel the broker to bring suit to settle the lien?
Not addressed.

May the broker place a lien on a leasehold interest?
Yes.

Required release?
Not addressed.

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Georgia

Is a written agreement required?
No. (Procuring cause is recognized.) 44-14-602(a)(2)

May the broker waive his right to the lien?
Yes. 44-14-605(d)

Does the legislation facilitate the sale of the property even if a lien is in dispute?
Yes. 44-14-604

May the power of the property compel the broker to bring suit to settle the lien?
Yes Broker has 90 days to bring suit after receiving written demand. 44-14-602(a)

May the broker place a lien on a leasehold interest?
Yes. 44-14-602(a)

Required release?
Yes. 44-14-605

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Illinois

Is a written agreement required?
Yes. 15 ILCS 10(a)

May the broker waive his right to the lien?
Yes. (Not precluded by legislation)

Does the legislation facilitate the sale of the property even if a lien is in dispute?
Yes. 15 ILCS 20

May the power of the property compel the broker to bring suit to settle the lien?
Yes. Broker has 30 days to bring suit after receiving written demand. 15 ILCS 10

May the broker place a lien on a leasehold interest?
Yes. 15 ILCS 10(a)

Required release?
Yes. 10(k)

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Maine

Is a written agreement required?
No. 10-3251

May the broker waive his right to the lien?
Yes. (Not precluded by legislation)

Does the legislation facilitate the sale of the property even if a lien is in dispute?
Yes. Owner may file suit and give bond 10-3263

May the power of the property compel the broker to bring suit to settle the lien?
No. Owner must file suit 10-3263

May the broker place a lien on a leasehold interest?
Yes. 10-3251

Required release?
Not addressed.

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Maryland

Is a written agreement required?
Yes. 14-302

May the broker waive his right to the lien?
No. 14-311

Does the legislation facilitate the sale of the property even if a lien is in dispute?
Can bond around claim

May the power of the property compel the broker to bring suit to settle the lien?
Not addressed.

May the broker place a lien on a leasehold interest?
Lien attaches to owner's interests. Agreement must be with owner 14-301(f) 14-303

Required release?
Not addressed.

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Missouri

Is a written agreement required?
Yes. 429-605

May the broker waive his right to the lien?
Yes. (Not precluded by legislation)

Does the legislation facilitate the sale of the property even if a lien is in dispute?
Yes. 429.627

May the power of the property compel the broker to bring suit to settle the lien?
Yes. Broker has 30 days to bring suit after receiving written demand 429.605

May the broker place a lien on a leasehold interest?
Yes. 429.605

Required release?
30 days 429.623

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Nevada 

Is a written agreement required?
Yes. Sec. 3

May the broker waive his right to the lien?
Yes. By written waiver Sec. 11.3(b)

Does the legislation facilitate the sale of the property even if a lien is in dispute?
Yes. 15 11.3(a)

May the power of the property compel the broker to bring suit to settle the lien?
Not addressed.

May the broker place a lien on a leasehold interest?
Applies to a voluntary conveyance 6, 9

Required release?
Not addressed.

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New York

Is a written agreement required?
No 294-b.1

May the broker waive his right to the lien?
Yes. (Not precluded by legislation)

Does the legislation facilitate the sale of the property even if a lien is in dispute?
Not addressed.

May the power of the property compel the broker to bring suit to settle the lien?
Not addressed.

May the broker place a lien on a leasehold interest?
Not specifically addressed. Appears to attach to owner's interest S. 2.4, 10.1

Required release?
Not addressed. Doesn't create a lien? 294-b.3.

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Ohio

Is a written agreement required?
Yes. 1311.86(a)

May the broker waive his right to the lien?
Yes (Not precluded by legislation)

Does the legislation facilitate the sale of the property even if a lien is in dispute?
Yes. 1311.92

May the power of the property compel the broker to bring suit to settle the lien?
Yes. Broker has 28 days to bring suit after receiving written demand 1311.88(B)

May the broker place a lien on a leasehold interest?
Yes. 1311-86(B)(3)

Required release?
Automatic to M&M and prior recorded liens

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Pennsylvania

Is a written agreement required?
Yes. 68 PS 1053

May the broker waive his right to the lien?
No. 68 PS 1061

Does the legislation facilitate the sale of the property even if a lien is in dispute?
Yes. 68 PS 1060

May the power of the property compel the broker to bring suit to settle the lien?
Yes. 68 PS 1056(b)  

Yes 68 PS 1056(b) May the broker place a lien on a leasehold interest?
No. 1311.86(A)

Required release?
Not addressed.

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Texas

Is a written agreement required?
Yes. 62.003(4), 62.021

May the broker waive his right to the lien?
No. 62.002

Does the legislation facilitate the sale of the property even if a lien is in dispute?
Yes. Subch. F,G.

May the power of the property compel the broker to bring suit to settle the lien?
Yes. 62.062(d) May sue within 30 days

May the broker place a lien on a leasehold interest?
Yes. 62.021(c)

Required release?
Yes. 62.081

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Virginia

Is a written agreement required?
No. (Language unclear but suggests procurring cause is recognized.) 55-527A

May the broker waive his right to the lien?
Yes. (Not precluded by legislation)

Does the legislation facilitate the sale of the property even if a lien is in dispute?
Yes. 55-527C

May the power of the property compel the broker to bring suit to settle the lien?
Not explicitly addressed, but included 55-527 A

May the broker place a lien on a leasehold interest?
No. Lien is on rent only 55-527 A

Required release?
Not addressed.

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Washington

Is a written agreement required?
Yes Sec, 1(2)

May the broker waive his right to the lien?
Yes. 2(9)

Does the legislation facilitate the sale of the property even if a lien is in dispute?
Not addressed.

May the power of the property compel the broker to bring suit to settle the lien?
Not explicity addressed, but included Sec.2

May the broker place a lien on a leasehold interest?
No. Sec.2

Required release?
Yes. 2(7)

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