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New Va Recordation Tax= $2,000 increase for a $500,000 house.

By
Real Estate Broker/Owner with Northern Virginia Homes - FRANKLY REAL ESTATE Inc

Virginia's Regional Congestion Relief Fee, raises the recordation tax another $2,000 on a $500,000 house (it was $500, soon it will be $2,500).

I got an email from my non-ABA preferred closing company.

Erin Taylor Rauner, Counsel to Monarch Title wrote: 

"... pending implementation of the "Regional Congestion Relief Fee"... this fee essentially raises the total recordation tax (currently charged to the sellers) from $.10 per $100 to $.50 per $100....  While the legislation is being challenged, it is currently believed that it will be imposed on recordings beginning January 1, 2008."

I never really understand that "50 cents per $100" stuff, so I like to give examples. On a $500,000 house, the tax goes from $500 to $2,500, an increase of $2,000.  

Also don't wait until the final days of the year. The settlement companies will be packed, and you have to watch out and make sure you don't miss the deadline due to holidays and recordation of the sale. Monarch recommends closing before December 21st 2007.

So sellers, I wouldn't slash your price in order to save the $2,000, but if you have the opportunity to counter an offer, you might consider that $2,000 variable.

And for buyers, make sure the seller you are negotiating with knows about this tax, and what they are "saving" by taking your offer that closes in December. 

And if you are already under contract with a January closing, you might consider a trade, to drop the price $2,000 (on a $500k house) and close a couple weeks earlier. The benefit to the seller is getting their money faster, and having to pay less of their mortgage (assuming a vacant property).

Written by Frank Borges LL0SA- Broker FranklyRealty.com     

(please report typos) 

Other keywords: Virginia Grantor's tax 

Glenn Ginsburg
A Delta Realty of Naples Florida - Naples, FL
Naples Florida Real Estate
Frank - I am guess the tax is on the sales price of the home and it is due from the seller.  In Florida we have a documentary stamp tax on the deed - so the seller pays .70 per hundred dollars or $3,500 on the sale of a $500,000 home.
Nov 19, 2007 05:45 AM
FRANK LL0SA Esq.- Northern Virginia Broker .:. FranklyRealty.com
Northern Virginia Homes - FRANKLY REAL ESTATE Inc - Arlington, VA

Thanks Glenn,

Yes on the sales price. 

Frank 

Nov 19, 2007 05:47 AM
Fran Gaspari
Patriot Land Transfer, Inc. - Limerick, PA
"The Title Man" - Title Insurance - PA & NJ

Frank,

In PA we have in the Counties surrounding Philadelphia a $1.00 per $100.00 of sale price or 1% of sale price going to the County and an additional 1% going to the State...In Philly or some other areas in can be as high as 4%...these fees are usually split equally between buyer and seller! And you thought you had it bad! Thanks,   Fran

P.S. Thanks for referring to the title company as a 'non-ABA'!!!

Nov 19, 2007 11:10 AM
Glenn Ginsburg
A Delta Realty of Naples Florida - Naples, FL
Naples Florida Real Estate
Frank - thanks for the clarification. :)
Nov 19, 2007 11:31 PM
Kevin McGrath
Long & Foster Real Estate Companies- Fredericksburg/Spotsylvania - Fredericksburg, VA
Long & Foster Real Estate Companies

It will be interesting to see the long term effect of this, price wise. And counter offer and incentive wise.

 

Nov 19, 2007 11:45 PM
Glenn Ginsburg
A Delta Realty of Naples Florida - Naples, FL
Naples Florida Real Estate
Kevin - yes it will be interesting to see the long term effect.
Nov 20, 2007 12:41 AM
Tom Gimer
Century Auction Group - Annapolis, MD

Doesn't your non-ABA title company have an ABA with First Savings Mortgage Corp? 

Thanks for the grantor's tax reminder.  Changes like this if they go unnoticed on a few files at the beginning of a year can really hurt.

Nov 23, 2007 11:49 PM
Glenn Ginsburg
A Delta Realty of Naples Florida - Naples, FL
Naples Florida Real Estate
Tom - if you miss the grantor's tax on a closing, does the title company have to pay for it?  Or, do you pursue the seller after the closing?
Nov 23, 2007 11:55 PM
FRANK LL0SA Esq.- Northern Virginia Broker .:. FranklyRealty.com
Northern Virginia Homes - FRANKLY REAL ESTATE Inc - Arlington, VA

Hey Tom!

Touché!

Yep, they have some affiliations that I am not 100% certain that I agree with since I am ABA.

For clarification, they are non-Aba with me.  

Frank 

Nov 24, 2007 09:41 AM
Tom Gimer
Century Auction Group - Annapolis, MD
Glenn: Our docs do allow for collection post-closing from responsible party, but our practice is to eat losses on our errors.  So, if we flat out missed the law change, we'd eat it; but if there was some delay in recording through no fault of our own, it would be a business decision (based on source of the transaction, amount at issue, etc.) whether we pursued the seller.  The need for such a decision would more often arise outside VA (where there is an immediate recording requirement and problems are discovered quickly).  --Tom
Nov 25, 2007 01:42 AM
Glenn Ginsburg
A Delta Realty of Naples Florida - Naples, FL
Naples Florida Real Estate
Tom - thanks for your answer.
Nov 25, 2007 03:16 AM
Tchaka Owen
Galleria International Realty - Hollywood, FL

Glenn - Florida is considered a high closing cost State while Virginia used to be relatively low.  In Sept 2004 they raised one of the tax stamps and Virginia in effect became a mid-priced State.  With this next change, it will join Florida.  If this goes in effect I would guess that's a 70% (or more) increase compared to August 2004. 

Fran - the change Frank is talking about is just one of the fees.  It's the Grantors Tax which the seller pays.  In addition, the buyer will pay for the State Tax which will be around $1225 for a $500k home as well as a County Tax on the deed (in Fairfax that will be just over $400).  If the buyer has a mortgage, the State and County will get an additional $1300 or so.  Thus it's not as cheap as it appears.  Not as high as PA, but not cheap.

I admit I'm intrigued by this 'Regional Congestion Relief Fee'.  Here's a novel idea:  divert half of State income, sales and property taxes to their respective local governments and see if we really need this assessment.

 

Nov 26, 2007 03:58 PM
Tchaka Owen
Galleria International Realty - Hollywood, FL
Frank, is this for the entire State or just Northern Virginia?  I'd like to see everyone involved since NoVA has generously funded much of what goes on in Virginia.  Time to have everyone else step in to help NoVA.
Dec 05, 2007 02:41 AM
Tom Gimer
Century Auction Group - Annapolis, MD

Frank, were you able to research Tchaka's question?  Is this moving forward 1/1/08 as planned and in which counties?  Thanks. --Tom

Dec 16, 2007 11:18 PM