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18-48-806. Delivery of notice of claim of lien.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-48-806. Delivery of notice of claim of lien.
(a) Except for service of a complaint under § 18-48-807 or § 18-48-808, a notice required to be delivered to a party under this subchapter shall be delivered by:
(1) Any form of service of process permitted by Rule 4 of the Arkansas Rules of Civil Procedure;
(2) Registered or certified mail, return receipt requested; or
(3) Personal or electronic delivery and evidence of delivery in the form of a receipt or other paper or electronic acknowledgment by or from the party to whom the notice is delivered.
(b) Delivery of the notice is effective at the time of:
(1) Personal service;
(2) Personal or electronic delivery; or
(3) Three (3) days after deposit in the mail.
(c)(1) Notice to a principal broker or owner of commercial real estate may be sent to:
(A) The address of the principal broker or owner that is provided in the representation agreement; or
(B) Any other address contained in a written notice from the principal broker or owner to the party giving the notice.
(2) If no address can be found under the provisions of subdivision (c)(1) of this section, the notice may be given to:
(A) The principal broker at his or her most recent address of record with the Arkansas Real Estate Commission; and
(B) The owner at the address of the owner's commercial real estate.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-48-806
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:18-48-806
Source file: gov.ar.code.title.18.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 0b519bda592f66b68c794b12c2c4e6590d2c59b1ee30e1d4b180bec27ff50a35
Source location: content.xml paragraph 10833
Stored source content
18-48-806. Delivery of notice of claim of lien.
(a) Except for service of a complaint under § 18-48-807 or § 18-48-808, a notice required to be delivered to a party under this subchapter shall be delivered by:
(1) Any form of service of process permitted by Rule 4 of the Arkansas Rules of Civil Procedure;
(2) Registered or certified mail, return receipt requested; or
(3) Personal or electronic delivery and evidence of delivery in the form of a receipt or other paper or electronic acknowledgment by or from the party to whom the notice is delivered.
(b) Delivery of the notice is effective at the time of:
(1) Personal service;
(2) Personal or electronic delivery; or
(3) Three (3) days after deposit in the mail.
(c)(1) Notice to a principal broker or owner of commercial real estate may be sent to:
(A) The address of the principal broker or owner that is provided in the representation agreement; or
(B) Any other address contained in a written notice from the principal broker or owner to the party giving the notice.
(2) If no address can be found under the provisions of subdivision (c)(1) of this section, the notice may be given to:
(A) The principal broker at his or her most recent address of record with the Arkansas Real Estate Commission; and
(B) The owner at the address of the owner's commercial real estate.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
18-48-807. Release of notice of claim of lien.
(a) If a principal broker records a notice of claim of lien against proceeds and knows or learns that he or she is not entitled to receive compensation under the terms of the representation agreement, the principal broker shall record a written release of the notice of claim of lien against proceeds within five (5) days after:
(1) Demand by the owner of the commercial real estate; or
(2) Learning that the principal broker is not entitled to receive compensation under the terms of the representation agreement.
(b) If the amount claimed in the notice of claim of lien has been paid, a lien claimant shall promptly record a satisfaction or release of the notice of claim of lien within five (5) days after receipt of payment of the amount claimed in the notice of claim of lien.
(c)(1) In a disposition of commercial real estate, the escrow closing agent shall pay to the lien claimant the owner's net proceeds up to the amount claimed in the notice of claim of lien against proceeds.
(2) If the amount claimed in the notice of claim of lien is to be fully or partially paid to the lien claimant by the escrow closing agent upon disposition, the lien claimant shall submit a release of his or her notice of claim of lien against proceeds to the escrow closing agent who shall hold the release in escrow pending disposition and payment.
(d)(1)(A) A notice of claim of lien against proceeds recorded under this subchapter shall be released upon the recording of a receipt by the office in which the notice of claim of lien was recorded that shows a deposit of an amount equal to the lien claimed.
(B) The deposit shall be held pending a resolution of amounts due to the licensee and the owner.
(2) If the court determines in an action
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-48-807
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 18-48-807. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-48-808. Disputed claim — Order to show cause.
(a)(1) An owner of commercial real estate may dispute a recorded notice of claim of lien against proceeds filed under this subchapter by filing a complaint in the circuit court of the county where the commercial real estate or a portion of the commercial real estate is located for an order directing the principal broker to appear before the court and show cause why a release of the notice of claim of lien against proceeds should not be granted.
(2) If after a hearing, a court determines that the owner is:
(A) Not obligated to pay the principal broker a commission under the terms of a representation agreement, it shall issue an order:
(i) Releasing the notice of claim of lien against proceeds; and
(ii) Awarding costs and a reasonable attorney's fee to the owner; or
(B) Obligated to pay the principal broker a commission under the terms of a representation agreement, the court shall issue an order awarding costs and a reasonable attorney's fee to the licensee.
(b)(1) A principal broker who has a lien on net rental proceeds under § 18-48-803, has recorded a notice of claim of lien against proceeds, and has complied with the requirements of this subchapter may file a complaint in the circuit court of the county where the commercial real estate or a portion of the commercial real estate is located for an order directing the owner to appear before the court and show cause why the relief requested in the complaint should not be granted.
(2) If after a hearing, the court determines that the owner is:
(A) Obligated to pay the principal broker a commission under the terms of a representation agreement, the court shall:
(i) Issue an order enjoining the owner from paying the net rental proceeds from the lease to an
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-48-808
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 18-48-808. This identifies an authority to review, not proof of applicability.