779.32
779.32
Commission liens. 779.32(1)(a)
(a) "Broker" means a real estate broker licensed under
ch. 452.
779.32(1)(b)
(b) "Commercial real estate" means any real property other than any of the following:
779.32(1)(b)2.
2. Real property that is zoned for residential purposes and that does not contain any buildings or structures.
779.32(1)(b)3.
3. Real property that is zoned for agricultural purposes.
779.32(2)
(2) Lien. If a broker complies with the notice requirements under
sub. (3) and perfects the lien under
sub. (4), all of the following apply:
779.32(2)(a)
(a) If the broker has earned a commission under a written commercial real estate listing contract, the broker has a lien for the unpaid amount of the commission against the commercial real estate, or the interest in commercial real estate, that is listed with the broker under the contract.
779.32(2)(b)
(b) If the broker has earned a commission under a written commercial real estate buyer agency agreement, the broker has a lien for the unpaid amount of the commission against the commercial real estate, or the interest in commercial real estate, that is acquired as a result of the agreement.
779.32(2)(c)
(c) If the broker has earned compensation under a written agreement for the lease or management of commercial real estate, the broker has a lien for the unpaid amount of the compensation against the commercial real estate for which the leasing or management services were provided under the agreement.
779.32(3)
(3) Notice of intent to claim lien. A broker has a lien under
sub. (2) (a) or
(b) only if the broker files or records a written notice of intent to claim a lien under this section at the office of the register of deeds for the county in which the commercial real estate is located and delivers a copy of the notice to the person owing the commission under
sub. (2) (a) or
(b). A broker has a lien under
sub. (2) (c) only if the broker provides a written notice of intent to claim a lien under this section to the person owing the compensation under
sub. (2) (c). All notices required under this subsection shall contain the name of each party to the agreement under which the lien is claimed, the date that the agreement was entered into and a brief description of the commercial real estate on which the lien is intended to be claimed. All notices required under this subsection shall be provided within the following time periods:
779.32(3)(a)
(a) In the case of a lien under
sub. (2) (a), at least 30 days before the conveyance of the commercial real estate subject to the listing contract.
779.32(3)(b)
(b) In the case of a lien under
sub. (2) (b), at least 30 days before the conveyance of the commercial real estate subject to the buyer agency agreement.
779.32(3)(c)
(c) In the case of a lien under
sub. (2) (c), before the date that the written agreement for the lease or management of commercial real estate is entered into.
779.32(4)(a)(a) A lien under this section is perfected when a broker files a notice of lien in the office of the register of deeds for the county in which the commercial real estate is located. The lien must be perfected no later than the following:
779.32(4)(a)1.
1. In the case of a lien under
sub. (2) (a) or
(b), 3 days prior to the date that the conveyance documents are recorded with the register of deeds in the county where the real property, that is the subject of the listing contract or buyer agency contract, is located.
779.32(4)(a)2.a.
a. The date that the broker earns a commission or compensation that gives rise to a lien under this section. For purposes of this
subd. 2. a., a commission or compensation is considered earned on the date that payment of it is due under the lease or management agreement.
779.32(4)(a)2.b.
b. The date that the broker receives notice that he or she has earned a commission or compensation that gives rise to a lien under this section. For purposes of this
subd. 2. b., a commission or compensation is considered earned on the date that the payment of it is due under the lease or management agreement.
779.32(4)(b)
(b) The notice of lien shall be signed by the broker and shall include all of the following information:
779.32(4)(b)2.
2. The name of the owner or acquirer of the commercial real estate that is subject to the lien.
779.32(4)(b)3.
3. The legal description of the commercial real estate that is subject to the lien.
779.32(4)(b)4.
4. The amount of the lien at the time the notice is filed.
779.32(4)(c)
(c) A broker shall mail a copy of the notice of lien to the owner or acquirer of the commercial real estate that is subject to the lien within 72 hours after the filing of the notice of lien under
par. (a). A lien under this section is effective only from the date that it is perfected under this subsection.
779.32(4)(d)
(d) A lien that is perfected under this subsection by a broker secures all unpaid commissions or compensation that is due that broker with respect to the commercial real estate subject to that lien, regardless of whether the commission or compensation was earned at the time the lien was filed.
779.32(4m)
(4m) Duty of register of deeds. If a notice of lien meets the requirements under
sub. (4), the register of deeds shall accept the notice of lien for filing. The register of deeds shall index the notice of lien under the name of the owner or acquirer of the commercial real estate who is subject to the lien. If the register of deeds maintains a tract index, the register of deeds shall also index the notice of lien under the legal description of the real estate against which a lien is claimed.
779.32(5)
(5) Priority. A lien under this section shall have priority over all other liens on the commercial real estate, except tax and special assessment liens, liens created under
subch. I of ch. 779, purchase money mortgages, liens that are filed or recorded before the lien under this section is perfected and any other lien given priority under the law.
779.32(8)(a)(a) Upon the request of any person interested in the real estate that is the subject of a lien under this section, the broker shall execute and deliver a satisfaction of lien to the interest party, if one of the following conditions is met:
779.32(8)(a)1.
1. The person owing the commission or compensation pays the broker in full the amount specified in the notice of lien.
779.32(8)(a)2.
2. The person owing the commission or compensation pays an amount equal to 125% of the commission or compensation owed into the trust account of the broker or the trust account of any attorney who does not represent any party to the dispute and who is in good standing with the State Bar of Wisconsin. The moneys shall be held in escrow until disbursed pursuant to the written mutual agreement of the parties or pursuant to a court order.
779.32(8)(a)3.
3. If the parties to the contract or agreement giving rise to the lien agree to binding arbitration regarding the disputed commission or compensation and if the parties to the contract or agreement, other than the broker, agree to pay all of the costs of the arbitration.
779.32(8)(b)
(b) Upon the filing of a satisfaction of lien under
par. (a) with the register of deeds, the register of deeds shall index the satisfaction under the name of the owner or acquirer of the commercial real estate who was subject to the satisfied lien. If the register of deeds maintains a tract index, the satisfaction shall also be indexed under the legal description of the real estate against which the lien was claimed.
779.32(8)(c)
(c) A broker is liable to a person requesting a lien satisfaction under this subsection for a sum equal to 50% of the sum claimed in the lien claim, if the broker does not provide the requested satisfaction within 30 days of the later of the following:
779.32(8)(c)1.
1. The date on which the request is received by the broker.
779.32(8)(c)2.
2. If the satisfaction is required under
par. (a) 1., the date on which the broker receives payment in full of the amount specified in the notice of lien.
779.32(8)(c)3.
3. If the satisfaction is required under
par. (a) 2., the date on which the broker receives evidence that the requirements under
par. (a) 2. have been met.
779.32(8)(c)4.
4. If the satisfaction is required under
par. (a) 3., the date on which the broker receives the agreement to binding arbitration.
779.32(8)(c)5.
5. If the satisfaction is required under
par. (a) 3., the date on which the broker receives evidence of payment of the arbitrator's fee.
779.32(9)
(9) Extinguishment of lien. A lien under this section is extinguished if an action to enforce the lien is not commenced within 2 years after the lien is perfected under
sub. (4) (a).
779.32 History
History: 1997 a. 309;
2001 a. 103.
MINING LIENS, ETC.
779.35
779.35
Mining liens. Any person who performs any labor or services for any employer engaged in or organized for the purpose of mining, smelting or manufacturing ores or minerals, and any bona fide holder of any draft, time check or order for the payment of money due for that labor, issued or drawn by the employer, shall have a lien for the wages due in the amount due on the draft, check or order. The lien shall be upon all of the personal property connected with the mining, smelting or manufacturing industry belonging to the employer, including the ores or products of the mine or manufactory, and, subject to
s. 779.36 (2), all of the employer's interest in any real estate connected with the mining, smelting or manufacturing business. The lien under this section shall take precedence of all other debts, judgments, decrees, liens or mortgages against the employer, except liens accruing for taxes, fines or penalties and liens under
ss. 292.31 (8) (i) and
292.81, subject to the exceptions and limitations contained in this subchapter.
779.35 History
History: 1979 c. 32 s.
57;
1979 c. 176; Stats. 1979 s. 779.35;
1993 a. 453;
1995 a. 227;
1997 a. 27,
254.
779.36
779.36
Extent of lien; filing claim. 779.36(1)
(1) Subject to
sub. (2), the lien under
s. 779.35 extends only to the amount of the interest in the real property held by the employer. In case of the employer's death or insolvency, or of the sale or transfer of the employer's interest in the works, mines, manufactories or business, all moneys that may be due for wages to any miner, mechanic or laborer shall be a lien upon all of the property and shall be preferred and first paid out of the proceeds of the sale.
779.36(2)
(2) No claim for wages shall be a lien under
s. 779.35 upon any real estate unless the claim is filed in the office of the clerk of the circuit court of the county in which the real estate, upon which a lien is claimed, is situated. The claim shall be filed within 60 days after the draft, time check or order upon which the claim is founded is due and payable, in the manner that claims for mechanics' liens are required to be filed.
779.36 History
History: 1979 c. 32 s.
57;
1979 c. 176; Stats. 1979 s. 779.36;
1997 a. 254.
779.37
779.37
Satisfaction of lien. If an attachment, execution or similar writ shall be issued against any employer engaged in a business described in
s. 779.35, any miner, laborer, mechanic or other person who is entitled to claim a lien under
s. 779.35 may give notice in writing of the lien claim and the amount of the lien claimed, verified by affidavit, to the officer holding the writ at any time before the actual sale of the property that is subject to the writ. The officer shall retain out of the sale proceeds a sufficient sum to satisfy all lien claims, which sum shall be held by the officer, subject to the order of the circuit court.
779.37 History
History: 1979 c. 32 ss.
57,
92 (9); Stats. 1979 s. 779.37;
1993 a. 486;
1997 a. 254.
779.38
779.38
Effect of mortgage. No mortgage or other instrument by which a lien is created shall operate to impair or postpone the lien and preference given and secured to the wages and moneys mentioned in
s. 779.35; provided, that no lien of any mortgage or judgment entered before such labor is performed shall be affected or impaired by such lien.
779.38 History
History: 1979 c. 32 ss.
57,
92 (9); Stats. 1979 s. 779.38.
779.39
779.39
Foreclosure of lien. The liens and preferences given by
ss. 779.35 to
779.38 may be foreclosed in the same manner as mechanics' liens, and all provisions of these statutes relating to the foreclosure thereof shall apply to the foreclosure of the liens so given, so far as such provisions are applicable.
779.39 History
History: 1979 c. 32 ss.
57,
92 (9); Stats. 1979 s. 779.39.
779.40
779.40
Liens for labor in quarry. 779.40(1)
(1) Any person who shall perform any labor for an employer not the owner of the real estate, engaged in quarrying, crushing, cutting or otherwise preparing stone for use or for manufacturing lime and any bona fide holder of any draft, time check or order for the payment of money due for any such labor issued by such employer, shall have a lien for wages owed and for the amount due on such draft, check or order upon the personal property connected with such industry owned by such employer, including interest in the product of such quarry or factory and machinery and other personal property used in the operation of such quarry or factory, and all interest in any lease of the real estate connected with such business, which lien shall take precedence of all other debts, judgments, decrees, liens or mortgages against such employer, except taxes, fines or penalties and mortgages or judgments recorded or entered before such labor is performed and except liens under
ss. 292.31 (8) (i) and
292.81.
779.40(2)
(2) The wages shall become a lien upon the property and material mentioned in this section upon filing with the clerk of the circuit court of the county in which the labor is performed within 60 days after the first of the services shall be rendered, a petition signed by the claimant and verified in behalf of or by the claimant under oath, setting forth the nature of the debt for which the lien is claimed, the amount claimed, a description of the property upon which the lien is claimed and that the petitioner claims a lien thereon pursuant to law. The clerk shall receive the fee prescribed in
s. 814.61 (5) for filing the petition.
779.40(3)
(3) The provisions of
ss. 779.20 and
779.21 shall govern the foreclosure of the liens here given so far as such provisions are applicable.
MECHANIC'S LIENS, ETC.
779.41
779.41
Mechanic's liens. 779.41(1)(1) Every mechanic and every keeper of a garage or shop, and every employer of a mechanic who transports, makes, alters, repairs or does any work on personal property at the request of the owner or legal possessor of the personal property, has a lien on the personal property for the just and reasonable charges therefor, including any parts, accessories, materials or supplies furnished in connection therewith and may retain possession of the personal property until the charges are paid. The lien provided by this section is subject to the lien of any security interest in the property which is perfected as provided by law prior to the commencement of the work for which a lien is claimed unless the work was done with the express consent of the holder of the security interest, but only for charges in excess of $1,500 except if the personal property is:
779.41(1)(a)
(a) A trailer or semitrailer designed for use with a road tractor, for charges in excess of $4,500.
779.41(1)(b)
(b) Road machinery, including mobile cranes and trench hoes, farm tractors, machines of husbandry, or off-highway construction vehicles and equipment, for charges in excess of $7,500.
779.41(1)(c)
(c) A motor vehicle not included under
par. (a) or
(b) with a manufacturer's gross weight rating, including, with respect to road tractors, a manufacturer's gross weight rating for the combined carrying capacity of the tractor and trailer, of:
779.41(1)(c)1.
1. More than 10,000 and less than 20,000 pounds, for charges in excess of $3,000.
779.41(1)(c)2.
2. 20,000 pounds or more but less than 40,000 pounds, for charges in excess of $6,000.
779.41(1)(c)3.
3. 40,000 pounds or more but less than 60,000 pounds, for charges in excess of $9,000.
779.41(1)(c)4.
4. 60,000 pounds or more, for charges in excess of $12,000.
779.41(1m)
(1m) Annually, on January 1, the department of agriculture, trade and consumer protection shall adjust the dollar amounts identified under
sub. (1) (intro.),
(a),
(b) and
(c) 1. to
4. by the annual change in the consumer price index, as determined under
s. 16.004 (8) (e) 1., and publish the adjusted figures.
779.41 Note
NOTE: The department will publish the adjusted mechanic's lien limits in the December 31st issue of the Wisconsin Administrative Register.
779.41(1s)(a)(a) Subsection (1), as it applies to a mechanic, mechanic's employer or keeper of a garage or shop, applies to a boat mechanic, boat mechanic's employer, person who tows a boat or keeper of a marina or shop at which boats are repaired, except as follows:
779.41(1s)(a)1.
1. The lien provided by this subsection is subject to the lien of any security interest in the boat that is perfected as provided by law prior to the commencement of the work for which the lien is claimed unless the work was done with the express consent of the holder of the security interest, but only for charges in excess of $1,200.
779.41(1s)(a)2.
2. Within 30 days after the charges for the work become past due, the person claiming a lien under this subsection shall send written notice to the owner of the boat and the holder of the senior lien on the boat informing them that they must take steps to obtain the release of the boat. To reclaim the boat, the owner or the senior lienholder must pay all charges that have a priority over other security interests under this subsection and all reasonable storage charges on the boat that have accrued after 60 days from the date that the charges for the work became past due. A reasonable effort to notify the owner and the holder of the senior lien satisfies the notice requirement under this subdivision. Failure to make a reasonable effort to notify the owner and the senior lienholder renders void any lien to which the person may be entitled under this subsection.
779.41(1s)(b)
(b) A lien under this subsection is in addition to any remedy available under
ch. 780.
779.41(2)
(2) Every keeper of a garage or repair shop who alters, repairs, or does any work on any detached accessory, fitting, or part of an automobile, a truck, a motorcycle, a moped, a motor bicycle or similar motor vehicle, a bicycle, or an electric personal assistive mobility device, at the request of the owner or legal possessor thereof, shall have a lien upon and may retain possession of any such accessory, fitting, or part until the charges for such alteration, repairing, or other work have been paid. If the detached article becomes attached to such motor vehicle, bicycle, or electric personal assistive mobility device while in the possession of the keeper, the keeper has a lien on the motor vehicle, bicycle, or electric personal assistive mobility device under
sub. (1).
779.41(3)
(3) Insofar as the possessory right and lien of the person performing labor and services under this section are released, relinquished and lost by the removal of property upon which a lien has accrued, it is prima facie evidence of intent to defraud if upon the removal of such property, the person removing the property issues any check or other order for the payment of money in payment of the indebtedness secured by the lien, and thereafter stops payment on the check or order. This subsection does not apply when a check is stopped because the product is improperly repaired or improperly serviced and the product has been returned to the person performing the labor or services for proper repair or service.
779.41 Cross-reference
Cross-reference: See s.
779.48 (2) for method of enforcing a mechanics' lien.
779.41 Annotation
The lien of a garage keeper who did not obtain the consent of the lienholder to make the repairs was limited to the statutory amount, and the garage keeper could not claim more under a theory of unjust enrichment. Industrial Credit Co. v. Inland G. M. Diesel,
51 Wis. 2d 520,
187 N.W.2d 157 (1971).
779.41 Annotation
Upon a conditional release of personal property by the lienor, the lien is enforceable against all parties except a bona fide purchaser for value or a subsequent levying creditor with no notice of the lien. M&I Western State Bank v. Wilson,
172 Wis. 2d 357,
493 N.W.2d 387 (Ct. App. 1992).
779.41 Annotation
The legislature did not create a crime or invoke criminal penalties in enacting sub. (3), which renders stopping payment on a check used to pay for certain repairs to personal property "prima facie evidence of intent to defraud." This section could operate to establish prima facie evidence of only one of the elements of the crime of theft defined in s. 943.20 (1) (d). 63 Atty. Gen. 81.
