New Jersey Assembly Bill A720

New Jersey 2022-2023 Regular Session

• Introduced: 1/11/22
• Refer: 1/11/22

Caption

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

Impact

The enactment of A720 is expected to reinforce existing laws that designate payment obligations related to the realty transfer fee squarely on sellers. It asserts the rights of buyers by allowing them to pursue legal actions against sellers who attempt to shift this liability. In scenarios where sellers violate this provision, buyers can seek restitution for any transfer fee they mistakenly paid, which adds a layer of protection for consumers within real estate transactions.

Summary

Bill A720, introduced in New Jersey, aims to establish clear guidelines regarding the liability for the realty transfer fee in real estate transactions. The bill explicitly prohibits sellers from transferring the financial responsibility of the realty transfer fee to the buyer. This aligns with the existing regulations that stipulate the seller is responsible for this fee. By enforcing such a prohibition, the bill seeks to prevent the common practice where contracts often unfairly place this burden on the buyer.

Contention

While the bill aims to clarify liability and protect buyers, it may also face opposition from real estate professionals who see it as an interference in contractual agreements. Some stakeholders argue that the ability to negotiate fees and responsibilities is a fundamental part of property transactions and that such a prohibition might limit flexibility in real estate deals. The discussions surrounding the bill are likely to touch on balancing buyer protections with the interests of sellers and real estate agents.