Can I file a Lis Pendens to protect my commission?
Many real estate brokers know that a Lis Pendens will tie up the Seller’s title but little else. This is to be expected because Lis Pendens is an ancient, little used remedy. Lis Pendens is not an action in itself. It is the indexing of an action brought by someone involving the title to real estate. It is the indexing of the action in the Lis Pendens (or in some counties, the Judgment) docket which creates the cloud on the title. An action seeking money damages may not be indexed as a Lis Pendens. Pennsylvania has a comprehensive statute dealing with lawsuits which are groundless or used as a wedge to achieve another aim. Both compensatory and punitive damages can be claimed. Thus, the typical answer to this question is an emphatic “NO”. Of course, if the licensee is owed a commission in a commercial transaction, then a lien may be available per the Real Estate Commercial Brokers Lien Act. The filing of a Commercial Brokers Lien has very specific statutory requirements and is best han
