The SELLER can generally be expected to pay for:
  • Real Estate commission
  • Documentation preparation fee for deed
  • Documentary transfer tax, if any
  • Any city transfer/conveyance tax (according to contract)
  • Payoff of all loans in Seller’s name
  • Interest accrued to lender being paid off
  • Statement fees, reconveyance fees and any prepayment penalties
  • Termite inspection (according to contract)
  • Termite work (according to contract)
  • Home warranty (according to contract)
  • Any judgments, tax liens, etc., against the Seller
  • Tax proration (for any taxes unpaid at time of transfer of title)
  • Any unpaid homeowner’s dues
  • Recording charges to clear all documents of record against Seller
  • Any bonds or assessments (according to contract)
  • Any and all delinquent taxes
  • Notary fees
  • Homeowner’s transfer fee
  • City transfer/conveyance tax (according to contract)
The BUYER can generally be expected to pay for:
  • Title insurance premium for Lender’s policy
  • Escrow fee
  • Document preparation (if applicable)
  • Notary fees
  • Recording charges for all documents in Buyer’s name
  • Termite inspection (according to contract)
  • Tax proration (from date of acquisition)
  • All new loan charges (except those required by Lender for Seller to pay)
  • Interest on new loan from date of funding to 30 days prior to first payment date
  • Assumption/change of records fees for takeover of existing loan
  • Beneficiary statement fee for assumption of existing loan
  • Inspection fees (roofing, property inspection, geological, etc.)
  • Home Warranty (according to contract)
  • Fire insurance premium for first year
  • Title insurance premium for Owner’s policy
YOURS or THEIRS – The Personal vs. Real Property Dilemma

The distinction between personal property and real property can be the source of difficulties in real estate transaction. A purchase contract is normally written to include all real property, that is, all aspects of the property that are fastened down or an integral part of the structure. For example, this would include light fixtures, drapery rods, attached mirrors, trees and shrubs in the ground. It would not include potted plants, free- standing refrigerators, washer/dryers, microwaves, bookcases, swag lamps, etc.

If there is any uncertainty whether an item is included in the sale or not, it is best to be sure that the particular item is mentioned in the purchase agreement as being included or excluded.