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Updated over 5 years ago on . Most recent reply

User Stats

109
Posts
6
Votes
Zain B.
  • Real Estate Agent
  • Livingston
6
Votes |
109
Posts

Attorney Review comments regarding title company charges

Zain B.
  • Real Estate Agent
  • Livingston
Posted

Hi BP Nation, 

I am looking for some advise on who pays for title company charges in the state of NJ. I am the buyer of a property in NJ and have a property under contract. The standard Realtor contract that my agent prepared has the following clause in line 502-503

Adjustments at Closing

"Seller shall pay for the preparation of the Deed, realty transfer fee, lien discharge fees, if any, and one-half of the title company charges for disbursements and attendance allowed by the Commissioner of Insurance; "

In attorney review. The seller's attorney provide the following comment

"Delete "and one-half of the title company charges for disbursements and attendance allowed by Commissioner of Insurance"

The seller's attorney said that her client does not plan to attend settlement and plan to overnight and FedEx signatures one day prior to closing. She also said that its unfair to ask the seller to pay for the buyer's settlement agent cost. Is removal of this language standard in the contracts that you prepare? Is this a point worth walking away from the property? Any advise would be greatly appreciated. We are looking to conclude attorney review today. Any help you can provide will be greatly appreciated. 

Thanks

Most Popular Reply

User Stats

75
Posts
54
Votes
Robert Webb
  • Rental Property Investor
54
Votes |
75
Posts
Robert Webb
  • Rental Property Investor
Replied

Buyer pays for their own title and settlements charges in New Jersey, definitely dont cancel the contract over that. You will just run in to it again on the next one.

Seller responsible for commissions and transfer taxes

Hope this helps!

Robert Webb

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