Bill

Bill > A2797


NJ A2797

NJ A2797
Prohibits seller of real estate to transfer realty transfer fee liability to buyer.


summary

Introduced
01/13/2026
In Committee
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)

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