New Jersey § 46:3-29
Full text of New Jersey New Jersey Statutes § 46:3-29, with citation guidance and answers to common questions.
§ 46:3-29.
As used in P.L.2010, c. 102 ( C.46:3-28 et seq. ): “ Transfer ” means the sale, gift, conveyance, assignment, inheritance, or other transfer of
an ownership interest in real property located in the State of New Jersey. “ Private transfer fee ” means a fee or charge required by a private transfer fee obligation and payable
upon the transfer of an interest in real property, or payable for the right to make
or accept such transfer, regardless of whether the fee or charge is a fixed amount
or is determined as a percentage of the value of the property, the purchase price,
or other consideration given for the transfer. The following are not private transfer fees for purposes of P.L.2010, c. 102 ( C.46:3-28 et seq. ): a. (1) Any consideration payable by the grantee to the grantor for the interest in
real property being transferred, including any subsequent additional consideration
for the property payable by the grantee based upon any subsequent appreciation, development,
or sale of the property, provided such additional consideration is payable on a one-time
basis only and obligation to make such payment does not bind successors in title to
the property. For the purposes of this subsection, an interest in real property may include a
separate mineral estate and its appurtenant surface access rights. (2) Any subsequent additional consideration payable to the grantor of an interest
in unimproved real property by the first successor-in-interest to the original grantee,
provided that the additional consideration is payable on a one-time basis only and
follows the construction of an improvement on the property. b. Any commission payable to a licensed real estate broker for the transfer of real
property pursuant to an agreement between the broker and the grantor or the grantee,
including any subsequent additional commission for that transfer payable by the grantor
or the grantee based upon any subsequent appreciation, development, or sale of the
property. c. Any interest, charges, fees, or other amounts payable by a borrower to a lender
pursuant to a loan secured by a mortgage against real property, including, but not
limited to, any fee payable to the lender for consenting to an assumption of the loan
or a transfer of the real property subject to the mortgage, any fees or charges payable
to the lender for estoppel letters or certificates, and any shared appreciation interest
or profit participation or other consideration and payable to the lender in connection
with the loan. d. Any rent, reimbursement, charge, fee, or other amount payable by a lessee to a
lessor under a lease, including, but not limited to, any fee payable to the lessor
for consenting to an assignment, subletting, encumbrance, or transfer of the lease. e. Any consideration payable to the holder of an option to purchase an interest in
real property or the holder of a right of first refusal or first offer to purchase
an interest in real property for waiving, releasing, or not exercising the option
or right upon the transfer of the property to another person, or any consideration
payable by the holder of an option to the property owner necessary to keep the option
in force. f. Any tax, fee, charge, assessment, fine, or other amount payable to or imposed by
a governmental authority. g. Any fee, charge, assessment, fine, or other amount payable to a homeowners', condominium,
cooperative, mobile home, private residential leasehold community, or property owners'
association pursuant to a declaration or covenant authorized in a master deed or bylaws
including, but not limited to, fees or charges payable for estoppel letters or certificates
issued by the association or its authorized agent. h. Any fee, charge, assessment, dues, contribution, or other amount imposed by a declaration
or covenant encumbering a community, and payable to a nonprofit or charitable organization,
for the purpose of supporting cultural, educational, charitable, recreational, environmental,
conservation, or other similar activities benefiting the community that is subject
to the declaration or covenant. i. Any fee, charge, assessment, dues, contribution, or other amount pertaining to
the purchase or transfer of a club membership relating to real property owned by the
member, including, but not limited to, any amount determined by reference to the value,
purchase price, or other consideration given for the transfer of the real property. “ Private transfer fee obligation ” means a declaration or covenant recorded against the title to real property, or
any other contractual agreement or promise, whether or not recorded, that requires
or purports to require the payment of a private transfer fee to the declarant or other
person specified in the declaration, obligation or agreement, or to their successors
or assigns, upon a subsequent transfer of an interest in the real property.
Frequently Asked Questions About New Jersey § 46:3-29
What does New Jersey Statutes § 46:3-29 cover?
Section 46:3-29 is part of the New Jersey Statutes, the codified statutory law of New Jersey. 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 New Jersey § 46:3-29?
A common citation format is "New Jersey Statutes § 46:3-29" (New Jersey). 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 New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 46:3-29 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey 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 New Jersey.