(1) A real estate broker shall have a lien on commercial real estate, in the amount of the compensation as set forth in the agreement, if:
(a) Such real estate is listed with the real estate broker under terms of an agreement or is the subject of an agreement; and
(b) The real estate broker has provided licensed services that resulted in the procuring of a person or entity who has leased any interest in the commercial real estate in accordance with the agreement.
(2) The general assembly intends that nothing in this section is subject to a prospective waiver by either party without consideration acceptable to the parties to the waiver.
(3) Notwithstanding subsection (1) of this section, commercial real estate is not subject to a real estate brokers' lien to enforce the payment of a renewal commission if the property is conveyed to a bona fide purchaser before the recording of a notice of lien pursuant to section 38-22.5-104.
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