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The buyer or the seller can pay the tax. In some areas of the country, it's customary for one or the other to pay, while in other areas it can be negotiated as part of the sales contract.
The party responsible for payment of the documentary stamp tax on a sale is usually determined by the terms of the purchase agreement. However, because the seller is required to provide marketable title to the property, the seller usually pays these taxes.
In Florida, all parties are legally liable for the stamp, unless one party is otherwise exempt. The seller traditionally pays the tax on the deed, and the buyer covers the stamp if engaging in a mortgage. However, not all real estate transactions qualify for the tax.
In California, the seller traditionally pays the transfer tax. Depending on local market conditions, transfer taxes can become a negotiating point during closing. For instance, in a strong seller's market, the seller may have multiple offers and will likely find a buyer who agrees to pay the transfer tax.
State Revenue Stamps You are then responsible for buying the tax stamp from the Register of Deeds in your county. A land transfer tax of 1% of the sales price is added on top of the excise tax. This is a state tax that is always the seller's responsibility to pay at closing.
Sellers closing costs are deducted from the total profit of the sale, if there is any. Typically, sellers can expect to pay around 3% in closing costs in Florida, and up to 9%, including realtor commissions.
Recording fees: These fees may be paid by you or by the seller, depending upon your agreement of sale with the seller. The buyer usually pays the fees for legally recording the new deed and mortgage.
In the United States, the (recorder) of deeds is often an elected county office and is called the county recorder. In some U.S. states, the functions of a recorder of deeds are a responsibility of the county clerk (or the county's clerk of court), and the official may be called a clerk-recorder or recorder-clerk.
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