Jane, Home Seller in Indiana, PA

if the agreement does not state that the transfer tax will be shared by both parties - is it then the buyers?

Asked by Jane, Indiana, PA Fri Aug 7, 2009

pa transfer tax

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In jefferson county it is rule of thumb is split in half. unless it is in writing that one or the other will pay for 2% taxes. most of the time it is the seller that has to pay for 2% or you don't close. Its the owners house you pay for every thing unless in writing.

if the discloser is not done too. the owner can be suied for not saying any thing. (dont belive me look on fsbo.com) owner beware.

Just have an agent do the paper work!! Saves a lot of problems. Lawers are not looking out for any one, only that they get paid.
0 votes Thank Flag Link Wed Aug 25, 2010
Hello Jane!

If you are using a Buyer's Agent then the Standard PA Agreement of Sale does state that the Transfer Tax will be shared by both the buyer and the Seller.

If you wrote up your own agreement...and this is not mentioned ...well then it needs to be worked out between the buyer and seller...if it's not in writing then it is not in writing. So, just because it does not say the transfer taxe will be shared DOES NOT mean that the buyer will pay. It is not defined who will pay, so you need to work it out.

Hope this helps.
0 votes Thank Flag Link Fri Aug 7, 2009
An attorney I know who is affiliated with PAR once told me that the usual problem with untrained individuals writing their own contract is the failure to accomodate any exceptions that may occur as a result of the terms of the contract. The PAR documents that we real estate licensees are encouraged to use have been reviewed thoroughly by experts in the law and are designed to accomodate just about any condition or exception that may occur during the course of the transaction.

It sounds like you didn't use the PAR Standard Agreement of Sale or this transaction. The transfer tax issue is addressed clearly and thoroughly in the PAR document. I am not an attorney, but I think that if you haven't addressed who pays the transfer tax, you cannot transfer the deed until you do so. The fact that the issue is not resolved in the contract does not mean the buyer is automatically responsible for it. However, the tax will be paid by someone or the deed cannot be transferred and transaction cannot be completed.

Good Luck, I hope that helps.

Joe Sheehan ABR, SRES
RE/Max Professional Realty, Inc.
Exton, PA

Office: (610) 363-8444
Direct: (610) 363-4095

jsheehan@josephsheehan.com
http://www.josephsheehan.com
0 votes Thank Flag Link Fri Aug 7, 2009
Good morning, Jane!

Normally the transfer tax is split between the buyer and seller. The buyer pays 1% and the seller pays 1%. If all of the transfer tax is to be paid by the buyer, it will be stated in the agreement in that case. Otherwise, each party pays 1%.

Brigita McKelvie, REALTOR, e-PRO, GRI
Keller Williams Real Estate, Bethlehem, PA
Office: 610-867-8888 Direct: 610-393-9424
E-mail: brigita@brigitamklv.com
Web: http://www.RuralAndHorseProperties.com
Blogs: http://activerain.com/blogs/brigitam
0 votes Thank Flag Link Fri Aug 7, 2009
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