New Jersey Affidavit of Consideration RTF-1 Template Access New Jersey Affidavit of Consideration RTF-1 Editor Now

New Jersey Affidavit of Consideration RTF-1 Template

The New Jersey Affidavit of Consideration for Use by Seller (RTF-1) form is a required document for any real estate transaction taking place in New Jersey. It outlines the sale's consideration or price, ensuring transparency and allowing the state to calculate applicable taxes or fees accurately. For anyone involved in a real estate transaction in New Jersey, filling out this form accurately is crucial for a smooth process.

Access New Jersey Affidavit of Consideration RTF-1 Editor Now
Table of Contents

In New Jersey, when real estate changes hands, both parties involved in the transaction must be aware of an important document known as the Affidavit of Consideration for Use by Seller, better known as the RTF-1 form. This form plays a critical role in the transfer process, serving as a declaration of the sale's financial details and ensuring the appropriate taxes are calculated and paid. It is required for nearly all real estate sales in the state and must be filed with the county clerk alongside the deed for the transaction to be officially recorded. Completing this form accurately is crucial as it provides a transparent account of the sale price, any concessions made by the seller, and other financial adjustments, helping to deter fraud and misrepresentation. It is essential for sellers to understand the obligations and exemptions that may apply to their situation, as the RTF-1 form also highlights situations where certain transfers may be partially or fully exempt from taxation under New Jersey law. The form not only aids in the smooth execution of property transfers but also in maintaining the integrity of the real estate market by ensuring fairness and legal compliance in financial dealings.

Form Preview

RTF-1 (Rev. 4/17)
MUST SUBMIT IN DUPLICATE

STATE OF NEW JERSEY

AFFIDAVIT OF CONSIDERATION FOR USE BY SELLER (P.L.1968, c. 49, as amended through P.L. 2006, c. 33) (N.J.S.A. 46:15-5 et seq.)

BEFORE COMPLETING THIS AFFIDAVIT, PLEASE READ THE INSTRUCTIONS ON THE REVERSE SIDE OF THIS FORM.

STATE OF NEW JERSEY

 

 

 

 

}ss. County Municipal Code

FOR RECORDER’S USE ONLY

 

 

 

 

Consideration

$ _____________________

 

 

RTF paid by seller

$ ___________________

 

COUNTY

_________________ ________________

Date___________ By _____________________

 

MUNICIPALITY OF PROPERTY LOCATION _________________________

 

 

*Use symbol “C” to indicate that fee is exclusively for county use.

(1)PARTY OR LEGAL REPRESENTATIVE (See Instructions #3 and #4 on reverse side)

Deponent, ______________________________, being duly sworn according to law upon his/her oath,

(Name)

deposes and says that he/she is the____________________________ in a deed dated ________________________ transferring

(Grantor, Legal Representative, Corporate Officer, Officer of Title Company, Lending Institution, etc.)

real property identified as Block number ___________________________ Lot number __________________________located at

_______________________________________________________________________________

and

annexed

thereto.

 

(Street Address, Town)

 

 

 

 

(2)

CONSIDERATION $__________________(Instructions #1 and #5 on reverse side) no prior mortgage to which property is subject.

_________________________________________________________________________________________________________

 

 

(3)

Property transferred is Class 4A 4B 4C (circle one). If property transferred is Class 4A, calculation in Section 3A below is required.

(3A)REQUIRED CALCULATION OF EQUALIZED VALUATION FOR ALL CLASS 4A (COMMERCIAL) PROPERTY TRANSACTIONS: (See Instructions #5A and #7 on reverse side)

Total Assessed Valuation ÷ Director’s Ratio = Equalized Assessed Valuation $_____________________ ÷ ____________% = $_________________________

If Director’s Ratio is less than 100%, the equalized valuation will be an amount greater than the assessed value. If Director’s Ratio is equal to or in excess of 100%, the assessed value will be equal to the equalized valuation.

(4)FULL EXEMPTION FROM FEE (See Instruction #8 on reverse side)

Deponent states that this deed transaction is fully exempt from the Realty Transfer Fee imposed by P.L. 1968, c. 49 as amended through P.L. 2004, c. 66 for the following reason(s). Mere reference to exemption symbol is insufficient. Explain in detail.

______________________________________________________________________________________________________________

(5)PARTIAL EXEMPTION FROM FEE ( Instruction #9 on reverse side)

NOTE: All boxes below apply to grantor(s) only. ALL BOXES IN APPROPRIATE CATEGORY MUST BE CHECKED. Failure to do so will

void claim for partial exemption. Deponent claims that this deed transaction is exempt from State portions of the Basic, Supplemental, and General Purpose Fees, as applicable, imposed by P.L. 1975, c. 176, P.L. 2004, c. 113 and P.L. 2004, c. 66 for the following reason(s):

______________________________________________________________________________________________________________________

A.SENIOR CITIZEN Grantor(s) 62 years of age or over. * ( Instruction #9 on reverse side for A or B)

B.BLIND PERSON Grantor(s) legally blind or; *

DISABLED PERSON Grantor(s) permanently and totally disabled receiving disability payments not gainfully employed*

Senior citizens, blind persons, or disabled persons must also meet all of the following criteria:

Owned and occupied by grantor(s) at time of sale.

Resident of State of New Jersey.

One or two-family residential premises.

Owners as joint tenants must all qualify.

*IN CASE OF HUSBAND AND WIFE, PARTNERS IN A CIVIL UNION COUPLE, ONLY ONE GRANTOR NEED QUALIFY IF TENANTS BY THE ENTIRETY.

________________________________________________________________________________________________________________________________________________

C.LOW AND MODERATE INCOME HOUSING (Instruction #9 on reverse side)

Affordable according to H.U.D. standards.

Reserved for occupancy.

Meets income requirements of region.

Subject to resale controls.

(6)NEW CONSTRUCTION (Instructions #2, #10 and #12 on reverse side)

Entirely new improvement.

Not previously occupied.

Not previously used for any purpose.

NEW CONSTRUCTION” printed clearly at top of first page of the deed.

________________________________________________________________________________________________________________________________________________

(7)RELATED LEGAL ENTITIES TO LEGAL ENTITIES (Instructions #5, #12, #14 on reverse side)

No prior mortgage assumed or to which property is subject at time of sale.

No contributions to capital by either grantor or grantee legal entity.

No stock or money exchanged by or between grantor or grantee legal entities.

________________________________________________________________________________________________________________________________________________

(8)Deponent makes this Affidavit to induce county clerk or register of deeds to record the deed and accept the fee submitted herewith in accordance with the provisions of P.L. 1968, c. 49 as amended through P.L. 2006, c. 33.

Subscribed and sworn to before me

____________________________

______________________________

this

day of

, 20

Signature of Deponent

Grantor Name

_____________________________________

 

________________________________________

 

Deponent Address

Grantor Address at Time of Sale

 

_______ XXX-XX-X___________ _

______________________________

Last three

digits in Grantor’s Social Security Number

 

Name/Company of Settlement Officer

FOR OFFICIAL USE ONLY

Instrument Number___________________ County_________________

Deed Number_________________ Book __________ Page_________

Deed Dated ___________________ Date Recorded ________________

County recording officers shall forward one copy of each RTF-1 form when Section 3A is completed to:

STATE OF NEW JERSEY

PO BOX 251

TRENTON, NJ 08695-0251

ATTENTION: REALTY TRANSFER FEE UNIT

The Director of the Division of Taxation in the Department of the Treasury has prescribed this form as required by law, and may not be altered or amended without prior approval of the Director. For information on the Realty Transfer Fee or to print a copy of this Affidavit, visit the Division of Taxation website at: www.state.nj.us/treasury/taxation/lpt/localtax.htm

INSTRUCTIONS FOR FILING FORM RTF-1, AFFIDAVIT OF CONSIDERATION FOR USE BY SELLER

1.STATEMENT OF CONSIDERATION AND REALTY TRANSFER FEE PAYMENT ARE PREREQUISITES FOR DEED RECORDING

No county recording officer shall record any deed evidencing transfer of title to real property unless (a) the consideration is recited in the deed, or (b) an Affidavit by one or more of the parties named in the deed or by their legal representatives declaring the consideration is annexed for recording with the deed, and (c) for conveyances and transfers of property for which the total consideration recited in the deed is not in excess of $350,000, a fee is remitted at the rate of $2.00/$500 of consideration or fractional part thereof not in excess of $150,000; $3.35/$500 of consideration or fractional part thereof in excess of $150,000 but not in excess of $200,000; and $3.90/$500 of consideration or fractional part thereof in excess of $200,000. For transfers of property for which the total consideration recited in the deed is in excess of $350,000, a fee is remitted at the rate of $2.90/$500 of consideration or fractional part not in excess of $150,000; $4.25/$500 of consideration or fractional part thereof in excess of $150,000 but not in excess of $200,000; $4.80/$500 of consideration or fractional part thereof in excess of $200,000; $5.30/$500 of consideration or fractional part thereof in excess of $550,000 but not in excess of $850,000; $5.80/$500 of consideration or fractional part thereof in excess of $850,00 but not in $1,000,000; and $6.05/$500 of consideration or fractional part thereof in excess of $1,000,000, which fee shall be paid in addition to the recording fees imposed by, P.L. 1965 c. 123, Section 2 (C. 22A:4-4.1) as amended by, P.L. 2001, c. 370, through, P.L. 2004, c. 66, which fee shall be paid to the county recording officer at the time the deed is offered for recording/transfer. Of these fees, $.75/$500 of consideration or fractional part in excess of $150,000 paid to the State Treasurer is credited to the New Jersey Affordable Housing Trust Fund.

2.WHEN AFFIDAVIT MUST BE ANNEXED TO DEED

This Affidavit must be annexed to and recorded with all deeds when entire consideration is not recited in deed or the acknowledgement or proof of the execution, when the grantor claims a total or partial exemption from the fee, Class 4 property that includes commercial, industrial, or apartment property, and for transfers of “new construction.” (See Instructions #10 and #12 below.)

3.LEGAL REPRESENTATIVE

“Legal representative” is to be interpreted broadly to include any person actively and responsibly participating in the transaction, such as, but not limited to: an attorney representing one of the parties; a closing officer of a title company or lending institution participating in the transaction; a holder of power of attorney from grantor or grantee.

4.OFFICER OF CORPORATE GRANTOR/OFFICER OF TITLE COMPANY OR LENDING INSTITUTION

Where a deponent is an officer of corporate grantor, state the name of corporation and officer’s title or where a deponent is a closing officer of a title company or lending institution participating in the transaction, state the name of the company or institution and officer’s title.

5.CONSIDERATION

“Consideration” means in the case of any deed, the actual amount of money and the monetary value of any other thing of value constituting the entire compensation paid or to be paid for the transfer of title to the lands, tenements or other realty, including the remaining amount of any prior mortgage to which the transfer is subject or which is assumed and agreed to be paid by the grantee and any other lien or encumbrance not paid, satisfied or removed in connection with the transfer of title. (P.L. 1968, c. 49, Section 1, as amended.)

5A. CLASS 4A “COMMERCIAL PROPERTIES” DEFINED

Class 4A “Commercial properties” as defined in N.J.A.C. 18:12-2.2 means “any other type of income-producing property other than property in classes 1, 2, 3A, 3B, and those properties included in classes 4B and 4C.” A quarterly audit of all Class 4A sales submitted by the municipal assessor through the SR- 1A/equalization process will determine whether a Class 4A transaction was recorded without proper documentation and the required Affidavits of Consideration.

6.DIRECTOR'S RATIO

“Director’s Ratio” means the average ratio of assessed to true value of real property for each taxing district as determined by the Director, Division of Taxation, in the Table of Equalized Valuations promulgated annually on or before October 1 in each year pursuant to N.J.S.A. 54:1-35.1. The Table is used in the calculation and apportionment of distributions pursuant to the State School Aid Act of 1954.

7.EQUALIZED VALUE

“Equalized Value” means the assessed value of the property in the year that the transfer is made, divided by the Director’s Ratio. The Table of Equalized Valuations is promulgated annually on or before October 1 in each year pursuant to N.J.S.A. 54:1-35.1.

(Example: Assessed Value = $1,000,000; Director’s Ratio = 80%. $1,000,000 ÷ .80 = $1,250,000)

8.FULL EXEMPTION FROM THE REALTY TRANSFER FEE (GRANTOR/GRANTEE)

The fee imposed by this Act shall not apply to a deed:

(a)For consideration of less than $100; (b) By or to the United States of America, this State, or any instrumentality, agency or subdivision; (c) Solely in order to provide or release security for a debt or obligation; (d) Which confirms or corrects a deed previously recorded; (e) On a sale for delinquent taxes or assessments; (f) On partition; (g) By a receiver, trustee in bankruptcy or liquidation, or assignee for the benefit of creditors; (h) Eligible to be recorded as an “ancient deed” pursuant to N.J.S.A. 46:16-7; (i) Acknowledged or proved on or before July 3, 1968; (j) Between husband and wife/civil union partners, or parent and child; (k) Conveying a cemetery lot or plot; (l) In specific performance of a final judgment; (m) Releasing a right of reversion; (n) Previously recorded in another county and full Realty Transfer Fee paid or accounted for as evidenced by written instrument, attested to by the grantee and acknowledged by the county recording officer of the county of such prior recording, specifying the county, book, page, date of prior recording, and amount of Realty Transfer Fee previously paid; (o) By an executor or administrator of a decedent to a devisee or heir to effect distribution of the decedent’s estate in accordance with the provisions of the decedent’s will or the intestate laws of this State; (p) Recorded within 90 days following the entry of a divorce/dissolution decree which dissolves the marriage/civil union partnership between grantor and grantee; (q) Issued by a cooperative corporation, as part of a conversion of all of the assets of the cooperative corporation into a condominium, to a shareholder upon the surrender by the shareholder of all of the shareholder’s stock in the cooperative corporation and the proprietary lease entitling the shareholder to exclusive occupancy of a portion of the property owned by the corporation.

9.PARTIAL EXEMPTION FROM THE REALTY TRANSFER FEE (P.L. 1975, c. 176; P.L. 2003, c. 113; P.L. 2004, c. 66)

The following transfers of title to real property shall be exempt from State portions of the Basic Fee, Supplemental Fee, and General Purpose Fee, as applicable: 1. The sale of any one or two-family residential premises which are owned and occupied by a senior citizen, blind person, or disabled person who is the seller in such transaction; provided, however, that except in the instance of a husband and wife/partners in a civil union couple, no exemption shall be allowed if the property being sold is owned as joint tenants and one or more of the owners is not a senior citizen, blind person, or disabled person; 2. The sale of Low and Moderate Income Housing conforming to the requirements as established by this Act.

For the purposes of this Act, the following definitions shall apply:

“Blind person” means a person whose vision in his better eye with proper correction does not exceed 20/200 as measured by the Snellen chart or a person who has a field defect in his better eye with proper correction in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends an angular distance no greater than 20º.

“Disabled person” means any resident of this State who is permanently and totally disabled, unable to engage in gainful employment, and receiving disability benefits or any other compensation under any federal or State law.

“Senior citizen” means any resident of this State of the age of 62 or over.

“Low and Moderate Income Housing” means any residential premises, or part thereof, affordable according to Federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs occupied or reserved for occupancy by households with a gross income equal to 80% or less of the median gross household income for households of the same size within the housing region in which the housing is located, but shall include only those residential premises subject to resale controls pursuant to contractual guarantees.

“Resident of the State of New Jersey” means any claimant who is legally domiciled in this State when the transfer of the subject property is made. Domicile is what the claimant regards as the permanent home to which he intends to return after a period of absence. Proofs of domicile include a New Jersey voter registration, motor vehicle registration and driver’s license, and resident tax return filing.

10. TRANSFERS OF NEW CONSTRUCTION

New construction” means any conveyance or transfer of property upon which there is an entirely new improvement not previously occupied or used for any purpose. On transfers of new construction, the words “NEW CONSTRUCTION” shall be printed clearly at the top of the first page of the deed, and an Affidavit by the grantor stating that the transfer is of property upon which there is new construction shall be appended to the deed.

11.REALTY TRANSFER FEE IS A FEE IN ADDITION TO OTHER RECORDING FEES

The county recording officer is required to collect the Realty Transfer Fee at the time the deed is offered for recording/transfer.

12.PENALTY FOR WILLFUL FALSIFICATION OF CONSIDERATION AND TRANSFERS OF NEW CONSTRUCTION

Any person who knowingly falsifies the consideration recited in a deed or in the proof or acknowledgement of the execution of a deed or in an affidavit annexed to a deed declaring the consideration therefor or a declaration in an affidavit that a transfer is exempt from recording fee is guilty of a crime of the fourth degree (P.L. 1991, c. 308, effective June 1, 1992). Grantors conveying title of new construction who fail to subscribe and append to the deed an affidavit to that effect in accordance with the provisions of subsection c. of section 2 of P.L. 1968, c. 49 (C.46:15-6) is guilty of a disorderly persons offense. The Division of Taxation is entitled to review the Fees collected pursuant to the State Uniform Procedure Law. The Director of the Division of Taxation is authorized to make deficiency assessments to taxpayers who have, intentionally or mistakenly, underestimated the consideration or sales price of properties on the Affidavit of Consideration attached to deeds and upon which the Realty Transfer Fee is based.

13.COUNTY/MUNICIPAL CODES

County/Municipal codes may be found at http://www.state.nj.us/treasury/taxation/pdf/lpt/cntycode.pdf.

14.LEGAL ENTITIES TRANSFERRING NEW JEREY REAL ESTATE TO RELATED LEGAL ENTITIES

Legal entities transferring New Jersey real estate to related legal entities are not exempt from the Realty Transfer Fee if the consideration, as defined in the law, is $100 or more. Such consideration includes the actual amount of money and/or the monetary value of any other thing of value constituting the entire compensation paid, such as the dollar value of stock included in the transaction or any enhancement to or contribution to the capital or either legal entity resulting from the transfer, or remaining balances of any prior mortgage to which the property is subject or which is assumed and agreed to be paid by the grantee and any other lien or encumbrance not paid, satisfied or removed in connection with the transfer of title.

Form Breakdown

Fact Detail
Purpose of the RTF-1 Form This form is used in New Jersey to report the consideration given in a real estate transfer. It is required for the legal processing and recording of transfer documents.
Governing Law The RTF-1 form is governed by New Jersey statutes related to realty transfer fees, as outlined in N.J.S.A. 46:15-5 et seq.
Who Must File The seller (grantor) of the property is typically responsible for filing the RTF-1 form, although the responsibility may shift depending on the terms of the sale agreement.
Submission Procedure The completed form must be submitted to the county clerk or registrar's office where the property is located, as part of the deed recording process.
Associated Fees There may be a fee associated with filing the RTF-1 form, which can vary depending on the county. This is in addition to any realty transfer fee calculated based on the sale price of the property.

Guidelines on Filling in New Jersey Affidavit of Consideration RTF-1

Filing an affidavit, such as the New Jersey Affidavit of Consideration RTF-1, is a crucial step in documenting transactions for both the buyer and the seller. This document ensures that the details of the transaction are officially recorded and acknowledges the consideration, or value exchanged. Whether this is your first time filling out such a form or you're looking for a refresher, understanding the process can help simplify what might initially seem daunting. Below we've outlined the steps to accurately complete the RTF-1 form, aimed at smoothing your path towards compliance with New Jersey regulations.

  1. Gather all necessary information before you begin, including the property's sale price, the date of sale, and both parties' (buyer and seller) full names and addresses.
  2. Locate the section of the form titled “Consideration for the Real Property.” Here, you should enter the total amount paid or to be paid for the property, including any monetary payments, mortgages, or other forms of compensation.
  3. In the portion of the form dedicated to the parties involved, fill in the names, addresses, and contact details of both the buyer and the seller. It's vital to ensure accuracy in this section to prevent future legal complications.
  4. Identify the property in question by supplying its full address, including any lot or block numbers if applicable. This information will be crucial in clearly specifying the property being transferred.
  5. If the property transfer is exempt from certain taxes or fees, locate the section about exemptions. Here, you'll need to check the appropriate box or boxes that pertain to your situation and provide any required explanation or documentation as indicated.
  6. Ensure you carefully read the declaration and certification part of the form. This section requires the truthfulness and accuracy of the information provided. Usually, a notary public must witness the signing of this document.
  7. After completing all sections of the form, review it thoroughly. Look for any errors or omissions, as these could delay processing or lead to legal issues.
  8. Once the form is complete and double-checked for accuracy, sign and date it in the presence of a notary public. The notary will also need to sign, date, and provide their seal on the document.

Having meticulously followed these steps, you're now ready to submit the RTF-1 form as required by New Jersey law. Submission details, including where and how to submit the form, should be closely followed according to the state's guidelines. Successfully filing this document is a critical step in ensuring a smooth and legally sound property transaction. Remember, this process not only complies with legal requirements but also serves as an official record of the transaction, providing peace of mind and legal protection for all parties involved.

Learn More on New Jersey Affidavit of Consideration RTF-1

What is the New Jersey Affidavit of Consideration RTF-1 form?

The New Jersey Affidavit of Consideration for Use by Seller (RTF-1) form is a document submitted to the county clerk or registrar of deeds in certain real estate transactions. Its purpose is to provide information about the sale price or consideration of a property transaction. This document is used to calculate the Realty Transfer Fee, which is required when transferring property ownership in New Jersey.

When is the RTF-1 form required?

This form is necessary for most real estate sales or transfers when a deed is presented for recording. Exceptions may include certain transfers exempt from the Realty Transfer Fee, such as those between immediate family members, transfers for nominal consideration, or transfers related to government entities or qualifying non-profit organizations.

Who is responsible for completing the RTF-1 form?

Typically, the seller or the seller's authorized agent is responsible for completing the RTF-1 form. It must be completed accurately and submitted along with the deed for recording.

What information is required on the RTF-1 form?

The form requires detailed information related to the property transaction, including but not limited to:

  • Sale price or consideration
  • Date of the transaction
  • Description of the property (block, lot, municipality)
  • Grantee and grantor information
  • Type of property and intended use
  • Exemptions claimed, if any

How is the Realty Transfer Fee calculated?

The Realty Transfer Fee is calculated based on the consideration paid for the property as reported on the RTF-1 form. The fee structure is tiered, with different rates applying to different consideration amounts. Additionally, certain municipalities may impose additional fees. Buyers should consult the New Jersey Division of Taxation or a local county office for specific rates and calculations.

Are there penalties for failing to submit the RTF-1 form?

Yes, failing to submit the RTF-1 form, or submitting an incomplete or inaccurate form, can result in delays in recording the deed, potential penalties, or additional fees. It is crucial to ensure that the form is filled out correctly and submitted in time with the deed.

Can the RTF-1 form be submitted electronically?

As of the latest guidance, requirements for submitting the RTF-1 form may vary by county. Some counties in New Jersey allow for electronic filing of documents, including the RTF-1. Sellers should consult with the county clerk or registrar's office where the property is located for specific submission guidelines.

Where can I find the RTF-1 form?

The RTF-1 form is available from the New Jersey Division of Taxation's website or can be obtained from the county clerk or registrar's office where the property is located. It is advisable to use the most current version of the form to ensure compliance with current laws and regulations.

What should I do if I need help completing the form?

If you need assistance completing the RTF-1 form, consider consulting with a real estate attorney or a professional with experience in New Jersey property transactions. They can provide guidance on how to properly complete the form and ensure that all relevant laws and regulations are complied with.

Common mistakes

Filling out the New Jersey Affidavit of Consideration for Use by Seller (RTF-1 form) can seem straightforward, but mistakes can easily be made without careful attention. Here are eight common errors to avoid:

  1. Not checking the most current form version: Regulations and forms can update. Always verify you're using the latest version available from the New Jersey Division of Taxation website.

  2. Leaving fields blank: Each field should be filled out completely. If a section doesn't apply, consider entering “N/A” (not applicable) rather than leaving it empty to show that you didn’t overlook it.

  3. Incorrect property information: Double-check the property identification details like block and lot numbers, municipality, and county. Mistakes here can cause significant delays.

  4. Underreporting the sale price: Ensure that the sale price reported matches the deed. Incorrect amounts might not only delay processing but could also lead to penalties.

  5. Overlooking the need for supporting documents: Some transactions require additional documentation. Forgetting to attach these can result in processing delays.

  6. Mismatched names: All names on the RTF-1 form should match those on the deed. This includes spelling and any middle initials or suffixes.

  7. Failing to sign and date the form: An unsigned or undated form is incomplete. Both the buyer and seller must sign where applicable.

  8. Ignoring filing deadlines: Submit the RTF-1 form and other required documents by the deadline to avoid late fees and interest charges. Be aware of the specific timelines for your situation.

Avoiding these common mistakes when completing the New Jersey Affidavit of Consideration RTF-1 form can smooth the process of your real estate transaction and help prevent unnecessary delays or costs. Always take the time to review each section carefully, and when in doubt, seek guidance. Remember, accurate and complete information is key to a successful document submission.

Documents used along the form

The New Jersey Affidavit of Consideration for Use by Seller (RTF-1 form) is a vital document in real estate transactions within New Jersey, ensuring the state's requirements for property sales consideration are met. Alongside this affidavit, several other forms and documents often come into play, each serving a unique role in the complexities of real estate transactions. Below is a list of these documents, providing a comprehensive understanding of the paperwork that may accompany the RTF-1 form.

  • Warranty Deed: Transfers property ownership from the seller to the buyer, guaranteeing that the seller holds clear title to the property.
  • Seller’s Disclosure Statement: This document requires sellers to reveal any known defects or issues with the property, providing transparency to buyers.
  • Title Insurance Commitment: A commitment by a title company to issue a title insurance policy after closing, protecting against past title issues.
  • Settlement Statement (HUD-1): An itemized list of all fees, charges, and funds transferred between the buyer, seller, and other parties during the closing of a real estate transaction.
  • Mortgage Application: Used by potential buyers to apply for financing, this document starts the loan process for purchasing property.
  • Property Tax Statements: Recent statements provide proof of current property tax statuses, including any due or unpaid taxes.
  • Flood Zone Determination: Identifies whether the property is located in a flood risk area, which can impact insurance requirements and costs.
  • Home Inspection Report: A thorough report by a professional inspector detailing the condition of the property, including any necessary repairs or potential issues.
  • Pest Inspection Report: Determines the presence of any pest-related damage or infestations, crucial for certain loans and peace of mind for the buyer.

Understanding these documents and their functions can significantly streamline the real estate transaction process. Whether for buyers, sellers, or legal professionals assisting with real estate deals, knowledge of these forms ensures preparedness for the complexities of property sales, helping to navigate the requirements and obligations efficiently.

Similar forms

  • Warranty Deed: A warranty deed transfers property ownership guaranteeing the grantor holds clear title to the property. Like the New Jersey Affidavit of Consideration RTF-1 form, it ensures that all considerations in the property transfer are transparent and agreed upon by both parties.

  • Grant Deed: This document transfers property ownership with certain guarantees from the seller to the buyer, similar to the assurance the RTF-1 form provides regarding consideration exchanged in property transactions.

  • Quit Claim Deed: Though it only transfers property ownership without any guarantees about the property’s clear title, like the RTF-1 form, it involves a declaration of consideration or lack thereof in property transfers.

  • Mortgage Agreement: This is a contract between a borrower and lender, where the borrower’s property is used as collateral for the loan. It shares similarities with the RTF-1 form by disclosing financial considerations in property deals.

  • Bill of Sale: A document that confirms the transfer of ownership of an asset, detailing the consideration paid, akin to the RTF-1 form’s purpose in real estate transactions.

  • Closing Disclosure: This form is given to homebuyers detailing their loan terms, monthly payments, and other closing costs, similar to the RTF-1’s role in making the financial aspects of property transfers clear.

  • HUD-1 Settlement Statement: Although replaced by the Closing Disclosure for most residential property transactions, the HUD-1 outlines a transaction's closing costs, parallel to RTF-1’s disclosure of the consideration in a property transaction.

  • Transfer on Death Deed: This document allows for the direct transfer of real estate to a beneficiary upon the owner’s death, requiring disclosure of any consideration, akin to the RTF-1 form’s declaration in live transactions.

  • Promissory Note: While primarily used in finance as an agreement to pay back borrowed money, it's similar to the RTF-1 form in its detailed attention to the monetary aspects of agreements.

  • Home Purchase Agreement: This contract between buyer and seller spells out the terms of a home sale, including consideration, paralleling the RTF-1 form's objective to document and disclose financial details in property transactions.

Dos and Don'ts

When filling out the New Jersey Affidavit of Consideration for Use by Seller (RTF-1) form, it's important to follow specific guidelines to ensure the process is completed accurately and in compliance with state requirements. Below are key do's and don'ts to keep in mind:

  • Do ensure that all information is accurate and complete. Inaccuracies can cause delays or result in the need to refile the form.
  • Do verify the property identification details such as block and lot numbers, as well as the property address, are correctly entered to avoid processing errors.
  • Do include all necessary documents that might be required for your specific transaction. This could include, but is not limited to, proof of property value and any exemption claims.
  • Don't leave any sections blank. If a section does not apply, it's better to indicate with a "N/A" (not applicable) rather than leaving it empty.
  • Don't forget to sign and date the affidavit. Unsigned or undated forms will not be processed.
  • Don't overlook the requirement to file this form within the specified time frame. Late submissions might incur penalties or cause delays in the processing of real estate transactions.

By following these recommendations, individuals can navigate the process of completing the RTF-1 form more smoothly, contributing to a hassle-free property transaction in New Jersey.

Misconceptions

In navigating the process of property transactions in New Jersey, understanding the correct use and function of the New Jersey Affidavit of Consideration for Use by Seller (RTF-1) form is crucial. However, several misconceptions often cloud its purpose and requirements. Here are eight common misunderstandings and clarifications to help guide you.

  • It's only needed for high-value property sales. Many believe the Affidavit of Consideration is reserved for transactions involving large sums. In reality, this form is a requirement for nearly all property sales, regardless of the sale price, to ensure proper taxation and assessment.
  • The buyer is responsible for completing this form. This is a misconception. It is the seller's responsibility to complete the RTF-1 form. This document provides crucial information about the sale that affects the seller's tax obligations.
  • Filling out the RTF-1 form is complex and time-consuming. While government paperwork can be daunting, the RTF-1 form is relatively straightforward. It requires basic information about the property sale that should be readily available to the seller.
  • You can submit it at any time after the sale. There's a specific timeframe for submitting the RTF-1 form. Generally, it must be filed with the county clerk or registrar of deeds at the time the deed is recorded. Late submissions may result in penalties or complications.
  • The form is unnecessary if you're transferring the property as a gift. Even if no money is exchanged, transfers of ownership, including those framed as gifts, must be reported using the RTF-1 form. This helps the state keep accurate records of property ownership and assessment.
  • There are no real ramifications for not submitting an RTF-1 form. Failing to submit an RTF-1 can lead to significant issues, including fines and a delay in the official recording of the property transfer. This might affect your ability to sell the property in the future or refinance.
  • Electronic submissions are preferred. While many legal documents and forms have moved to digital submission, the RTF-1 form typically needs to be submitted in person or by mail in New Jersey. Always check the most current guidelines to ensure compliance.
  • Personal financial information is required on the form. Some worry about privacy, believing the form asks for sensitive financial details. However, the RTF-1 mainly focuses on the specifics of the property transaction, not the personal finances of the seller.

Understanding the RTF-1 form and its requirements helps ensure a smoother, more compliant property transfer process. When in doubt, seek guidance from a real estate professional or legal advisor familiar with New Jersey property laws.

Key takeaways

When dealing with real estate transactions in New Jersey, the Affidavit of Consideration for Use by Seller (RTF-1) form plays a crucial role. Here are four key takeaways to guide individuals through the process of adequately filling out and utilizing this form:

  • Understanding the purpose: The RTF-1 form is essential for accurately reporting the sale price of the property to the county clerk or registrar of deeds. This information is critical for the assessment of the Realty Transfer Fee (RTF), which is required for most property transfers in New Jersey. Understanding its purpose ensures the smooth processing of your real estate transaction.
  • Accuracy is key: When completing the form, it’s vital to provide precise information regarding the sale price, property type, and any other required data. Mistakes or inaccuracies on the form can lead to delays or additional fees. Accurate reporting also helps in avoiding potential legal issues post-transaction.
  • Timely submission: Submitting the RTF-1 form in a timely manner is important. The form should be filed with the appropriate county office as part of the closing process. Delays in submission can result in penalties or complicate the transfer of the title. It’s advisable to check specific deadlines with the local county office.
  • Consult professionals: Considering the legal and technical aspects of real estate transactions, it’s prudent to consult with real estate professionals or attorneys when filling out the RTF-1 form. They can provide guidance and ensure that all legal requirements are met, reducing the likelihood of errors and facilitating a smoother process.
Please rate New Jersey Affidavit of Consideration RTF-1 Template Form
5
(Exceptional)
2 Votes

Create More Documents