2018 Delaware Code
Title 25 - Property
CHAPTER 26. COMMERCIAL REAL ESTATE BROKER'S LIEN ACT [FOR APPLICATION OF THIS CHAPTER, SEE 79 DEL. LAWS, C. 18, § 2]
§ 2610. Enforcement of lien [For application of this section, see 79 Del. Laws, c. 18, § 2].
A broker may bring suit to enforce the broker's lien in the Superior Court in the county where the commercial real estate is located (or in either county if the commercial real estate is located in more than 1 county) by filing and prosecuting a complaint as a debt action pursuant to that Court's Rules of Civil Procedure. Such complaint may be filed following the occurrence of the failure to make the payment to the broker, as required by the brokerage agreement, for which the affidavit and notice of broker's lien had been filed. Notwithstanding any statute of limitation or repose or other procedural limitation, any such complaint may be brought any time prior to the expiration of a notice of lien or continuation of lien, and shall be subject to alternative dispute resolution in the Superior Court pursuant to court rules regardless of the claimed amount.
79 Del. Laws, c. 18, § 1.
