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I prepare the conveyance documents required for New Jersey real estate transactions. Each transaction involves different levels of protection and forms, depending on the deed selected and the circumstances of the transfer.

Types of Documents Prepared

Bargain and Sale Deeds

A Bargain and Sale Deed with Covenant Against Grantor’s Acts is the most common deed type used in New Jersey. It assures the buyer that the seller has not encumbered the property during their ownership but does not guarantee against title defects created before that time. This deed strikes a balance between protection and practicality, which is why it is widely used in both residential and commercial closings.

Common uses: Standard real estate sales where a clear but limited warranty is sufficient.

Supporting documents and forms typically used:

  • GIT/REP Forms (required in all transactions)

  • RTF/1 or RTF/1EE (depending on exemptions or transaction type)

  • Affidavit of Title

  • FIRPTA Certification (if the seller is foreign)

  • 1099 Statement

Quitclaim Deeds

A Quitclaim Deed transfers only the seller’s current interest in the property without warranties or promises about ownership or title. This means the buyer accepts the property “as-is.” Because there are no guarantees, quitclaim deeds are not generally used for arm’s length purchases but are valuable in specific personal or legal contexts.

Common uses: Family transfers, transfers to or from a trust, divorce or marriage title changes, and clarifying ownership in inherited property.

Supporting documents and forms typically used:

  • GIT/REP Forms (required in all transactions)

  • RTF/1 or RTF/1EE (if applicable)

  • Affidavit of Title

  • FIRPTA Certification (if the seller is foreign)

  • 1099 Statement

Affidavits of Title

An Affidavit of Title is a sworn statement confirming ownership, disclosing liens, and verifying the absence of title defects. It is signed by the seller in front of a notary public and is a standard part of most closings. Affidavits can be prepared for individuals, corporations, LLCs, or partnerships.

Common uses: Required in nearly all sales and mortgage transactions to provide assurance to buyers and lenders about ownership and title condition.

FIRPTA Certification

What It Is:
FIRPTA (Foreign Investment in Real Property Tax Act) requires buyers to withhold and send the IRS 15% of the sale price paid to a foreign seller of U.S. real estate.

Who Is Affected:
Any transaction where the seller is not a U.S. person (includes nonresident aliens, foreign corporations, partnerships, trusts, and estates).

Key Steps:

  1. Seller’s Status Determined (Foreign or U.S. Person).

  2. FIRPTA Certification Provided: If the seller is NOT a foreign person, they give a signed FIRPTA non-foreign affidavit to the buyer stating U.S. status, SSN/TIN, and address.

  3. Withholding and Reporting: If the seller is foreign, buyer withholds 15%, submits IRS Forms 8288 and 8288-A, and remits funds within 20 days.

  4. Withholding Certificate (Exceptions): Foreign sellers may apply for a reduced withholding via Form 8288-B if the tax owed is less than 15%, or if an exemption applies.

Retention:
The buyer must keep the certification for five tax years after the transaction.

1099 Statements

What They Are:
IRS 1099-S forms report the sale or exchange of real estate and any taxable proceeds to the IRS.

Who Is Responsible:
The settlement agent, attorney, or person responsible for closing usually prepares and files Form 1099-S for the seller.

New Jersey Requirements:
NJ Division of Taxation mandates that 1099 forms be submitted when there’s a property sale and the seller receives more than $1,000, unless tax was withheld at closing.

  • If no NJ state tax is withheld, federal 1099 reporting automatically notifies the state.

Key Steps:

  1. Collect relevant details from the seller (SSN/TIN, sale proceeds, address).

  2. File Form 1099-S with IRS and provide the seller a Copy B.

  3. Settlement agent keeps records for compliance and future audits.

Supporting Forms Explained

GIT/REP Forms

Gross Income Tax forms required for every deed transfer in New Jersey. Versions include GIT/REP-1 through GIT/REP-4a, and the correct one depends on the type of transaction.

GIT/REP-1 – Seller’s Residency Certification / Exemption

  • Used when the seller is a nonresident of New Jersey who has not prepaid estimated tax before closing.

  • The seller declares nonresidency and attaches any required estimated tax payment.

  • Needed for recording the deed when the seller does not qualify for exemptions.

GIT/REP-2 – Nonresident Seller’s Tax Prepayment Receipt

  • Used when a nonresident seller prepays estimated state income tax at a Division of Taxation office before closing.

  • The receipt (with raised seal) must be provided to the county clerk during deed recording as proof of payment.

GIT/REP-3 – Seller’s Residency Certification / Exemption

  • Used most often by resident sellers.

  • Also used by nonresident sellers who qualify for exemptions (categories are listed on the form).

  • Filing this form typically means the seller does not have to make an estimated tax payment at closing.

GIT/REP-4 – Waiver of Seller’s Tax Prepayment

  • Used for certain exemption categories (e.g., transfers not subject to tax, or where no consideration/change of ownership occurs).

  • Requires Division of Taxation prior approval and is used for special cases (some corrections, estate transfers).

GIT/REP-4a – Waiver of Seller’s Tax Prepayment (Alternative Form)

  • Used in specific correction scenarios (e.g., typographical error corrections) and addresses exemption categories requiring different certification formats.

  • Requires signature from the buyer or grantee.

RTF Forms Breakdown

RTF-1 — Affidavit of Consideration for Use by Seller

  • Must be filed whenever a deed claims full or partial exemption from the RTF.

  • Required for transfers of commercial property, industrial property, apartment complexes, and new construction.

  • The form must be attached to every applicable deed regardless of whether consideration is stated in the deed or acknowledgment.

  • Lists standard exemption categories, such as sale between spouses, family, certain trusts, and qualifying low/moderate-income housing.

RTF-1EE — Affidavit of Consideration for Use by Buyer

  • Required for deeds with consideration over $1 million and for every commercial property transfer.

  • Documents the actual consideration (sale price) paid by the buyer.

  • As of July 10, 2025, the responsibility for paying the mansion tax (Graduated Percent Fee) shifted from buyer to seller, but RTF-1EE is still required as part of the document package for high-value and commercial transactions.

RTF-8 — Affidavit of Consideration for Sheriff’s Deeds

  • Used when a sheriff is selling real property, typically following foreclosure or judgment.

  • Must accompany applications for sheriff’s deed transfers; details all consideration, liens, encumbrances, and mortgage information.

RTF-3 — Claim for Refund of Realty Transfer Fee

  • Used to apply for refund of RTF paid on transactions in contract before July 1, 2006 (or qualifying refunds based on current legislation for deeds recorded before November 15, 2025, under contracts executed before July 10, 2025).

RTF-4 — Filing of Protest of Realty Transfer Fee Assessment

  • Filed with the Division of Taxation to formally protest an RTF assessment, often for deeds that are incidental to corporate mergers, acquisitions, or questionable assessments.