New York Deed Transfer Questionnaire

State:
Multi-State
Control #:
US-Q1010
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a transferring real property with a deed. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney's case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client's needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

The real property transfer report (RP-5217) fee is $125.00 for residential or farm properties. The real property transfer report (RP-5217) fee is $250.00 for commercial properties. The transfer tax affidavit (TP-584) fee is $5.00 or $10.00, depending on the county.

The fees involved in filing a quitclaim deed depend on the type of real estate being transferred. Filing a deed for a farm or residential property typically costs $125 and $250 for other types of property. There may be additional fees involved when filing your forms.

To change a deed in New York City, you will need a deed signed and notarized by the grantor. The deed must also be filed and recorded with the Office of the City Register. Transfer documents identifying if any taxes are due must also be filed and recorded with the City Register.

Who pays the tax. The base tax and additional base tax are paid by the grantor (seller), and such tax shall not be paid directly or indirectly by the grantee (buyer) except as provided in a contract between seller and buyer.

Sellers pay a combined NYC & NYS Transfer Tax rate of 2.075% for sale prices of $3 million or more, 1.825% for sale prices above $500k and below $3 million, and 1.4% for sale prices of $500k or less.

In New York State, a quitclaim deed is often the easiest and quickest way to convey the property, but it's not necessarily the best. This type of deed is often used to convey property between family members as a gift, as a result of divorce, or to place the real property into a trust.

If the deed is going to be recorded in the county clerk's office, it must include the addresses of both the grantor and the grantee. The deed also must be delivered to the grantee and the grantee must accept it, in order to transfer the property.

Form-RP-5217-PDF is required even if a property is not being sold and only the names are changing on the deed. Examples of non-sale transfers that require filing Form RP-5217-PDF, and paying the filing fee, include but are not limited to the following: marriage.

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New York Deed Transfer Questionnaire