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DE SB322

Bill

Status

Passed

7/27/2010

Primary Sponsor

Edward Bennett

Click for details

Origin

Senate

145th General Assembly

AI Summary

  • Prohibits Private Transfer Fee Covenants recorded on or after the effective date, making them unenforceable and not binding on property owners, purchasers, or mortgagees.

  • Defines Private Transfer Fee as any fee or charge payable upon transfer of real property, whether fixed or percentage-based, with specific exceptions including purchase prices, real estate broker commissions, mortgage-related fees, and unit owners association fees.

  • Voids any liens purporting to secure payment of Private Transfer Fees under covenants recorded after the effective date.

  • Allows the Attorney General to enforce violations as consumer law violations under Title 6 Section 2513 or permits private actions for enforcement.

  • Does not restrict the state or political subdivisions from levying transfer taxes authorized by statute.

Legislative Description

An Act To Amend Title 25 Of The Delaware Code Relating To Titles And Conveyances.

Last Action

Signed by Governor

7/27/2010

Committee Referrals

Finance6/23/2010

Full Bill Text

No bill text available