Bill

Bill > A1737


NJ A1737

NJ A1737
Prohibits seller of real estate to transfer realty transfer fee liability to buyer.


summary

Introduced
01/09/2024
In Committee
01/09/2024
Crossed Over
Passed
Dead
01/12/2026

Introduced Session

2024-2025 Regular Session

Bill Summary

This bill prohibits any seller of real estate from entering into a contract for the sale of real estate that obliges the purchaser to pay the realty transfer fee statutorily imposed on the seller. For any violation of this prohibition a buyer would have a right to bring a civil action to require the seller to pay to the buyer the amount of realty transfer fee paid by the buyer plus $1,000 and the amount of reasonable legal expenses incurred by the buyer. The statutes unambiguously assign the liability for payment of the realty transfer fee to the seller of real estate. Nonetheless, many contracts for the sale of real estate stipulate that the purchaser pay the fee. By explicitly prohibiting this transfer of liability to purchasers, the bill disavows the practice and reaffirms the intent of the existing law that the liability for payment rests exclusively with the seller.

AI Summary

This bill prohibits any seller of real estate from transferring the liability for the realty transfer fee to the buyer. It allows the buyer to take legal action against the seller if the seller violates this prohibition, and requires the seller to refund the fee paid by the buyer plus an additional $1,000 and cover the buyer's legal expenses. The bill reaffirms that the liability for the realty transfer fee, which is statutorily imposed on the seller, cannot be contractually shifted to the buyer, even though this practice has been common.

Committee Categories

Government Affairs

Sponsors (1)

Last Action

Introduced, Referred to Assembly Community Development and Women's Affairs Committee (on 01/09/2024)

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