Del. Code tit. 25 § 2611

Current through 2024 Legislative Session Act Chapter 452
Section 2611 - Costs, expenses, and attorney's fees

The costs and expenses of all proceedings brought under this Chapter, including the enforcement of the Broker's Lien, including reasonable attorney's fees actually incurred, costs, and prejudgment and post-judgment interest at the contract rate specified in the Brokerage Agreement or, if no rate is specified, then at the legal rate, shall be borne by the party or parties to such proceeding against whom judgment is entered. If more than one (1) party is so responsible for such costs, fees, expenses, and interest, then the costs, fees, expenses, and interest may be equitably apportioned by the court among those responsible parties, but in the absence of such apportionment, such responsible parties shall be jointly and severally liable.

In the event that a Court or arbitrator determines that no lien should have been filed under this Chapter, then the Court or arbitrator shall order the Broker to pay the prevailing defendant's expenses of all proceedings under this Chapter, including reasonable attorney's fees actually incurred, and costs.

25 Del. C. § 2611

Added by Laws 2013, ch. 18,s 1, eff. 5/3/2013.