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Bill > A2797
NJ A2797
NJ A2797Prohibits seller of real estate to transfer realty transfer fee liability to buyer.
summary
Introduced
01/13/2026
01/13/2026
In Committee
01/13/2026
01/13/2026
Crossed Over
Passed
Dead
Introduced Session
2026-2027 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 sellers of real estate, referred to as grantors, from making buyers, referred to as grantees, responsible for paying the realty transfer fee, which is a tax imposed on the seller when property changes hands. The bill clarifies that existing laws already place this fee liability solely on the seller, but some contracts have attempted to shift this cost to the buyer. If a seller violates this prohibition, a buyer can sue them to recover the amount of the realty transfer fee they paid, plus an additional $1,000, and any reasonable legal costs incurred in the lawsuit. This measure aims to reinforce the original intent of the law that the seller is exclusively responsible for this fee.
Committee Categories
Business and Industry
Sponsors (1)
Last Action
Introduced, Referred to Assembly Commerce and Economic Development Committee (on 01/13/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.njleg.state.nj.us/bill-search/2026/A2797 |
| BillText | https://pub.njleg.gov/Bills/2026/A3000/2797_I1.HTM |
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