District Of Columbia § 42-1301 - Applicability and exceptions.

Full text of District Of Columbia D.C. Code § 42-1301 — Applicability and exceptions., with citation guidance and answers to common questions.

§ 42-1301. Applicability and exceptions.

42-1301
(a)
(1)

The provisions of this chapter shall apply only to the transfer or sale of real estate located in the District of Columbia consisting of not less than one nor more than 4 residential dwelling units, whether by sale, exchange, installment land contract, lease with an option to purchase, or any other option to purchase.

(2)

This chapter shall apply only where the purchaser expresses, in writing, an intent to reside in the property to be transferred.

(b)

The provisions of this chapter shall not apply to any of the following:

(1)

Transfers pursuant to court order, including, but not limited to, transfers ordered by a probate court in administration of an estate, transfers pursuant to a writ of execution, transfers by any foreclosure sale, transfers by a trustee in bankruptcy, transfers by eminent domain, and transfers resulting from a decree for specific performance;

(2)

Transfers to a mortgagee by a mortgagor or successor in interest who is in default, or transfers to a beneficiary of a deed of trust by a trustor or successor in interest who is in default;

(3)

Transfers by a sale under a power of sale or any foreclosure sale under a decree of foreclosure after default in an obligation secured by a mortgage or deed of trust or secured by any other instrument containing a power of sale, or transfers by a mortgagee or a beneficiary under a deed of trust who has acquired the real property at a sale conducted pursuant to a power of sale under a mortgage or deed of trust or a sale pursuant to a decree of foreclosure or has acquired the real property by a deed in lieu of foreclosure;

(4)

Transfers by a nonoccupant fiduciary in the course of the administration of a decedent’s estate, guardianship, conservatorship, or trust;

(5)

Transfers from one cotenant to one or more other co-tenants;

(6)

Transfers made to the transferor’s spouse, domestic partner, parent, grandparent, child, grandchild or sibling or any combination of the foregoing;

(7)

Transfers between spouses or domestic partners resulting from a judgment of divorce or a judgment of separate maintenance or from a property settlement agreement incidental to such a judgment;

(8)

Transfers or exchanges to or from any governmental entity; and

(9)

Transfers made by a person of newly constructed residential property that has not been inhabited.

(c)

For the purposes of this section, the term “domestic partner” shall have the same meaning as provided in .

Annotations

Source: official District Of Columbia text · Last verified 2026-08-27

Frequently Asked Questions About District Of Columbia § 42-1301

What does D.C. Code § 42-1301 cover?

Section 42-1301 ("Applicability and exceptions.") is part of the D.C. Code, the codified statutory law of District Of Columbia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite District Of Columbia § 42-1301?

A common citation format is "D.C. Code § 42-1301" (District Of Columbia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of District Of Columbia law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the District Of Columbia official source linked on this page or consult a licensed District Of Columbia attorney.

How does District Of Columbia § 42-1301 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in District Of Columbia can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in District Of Columbia.