Law Lifts Bureaucratic Requirement For Vacation Home Sellers

Assemblyman Patrick Diegnan

TRENTON – A bill designed to push a sluggish real estate market while helping property owners avoid bureaucratic requirements when selling certain homes and seasonal rentals has been signed into law.

The law (A-2748) exempts the sale of seasonal rentals and other single dwelling properties from the bulk sale notification requirements.

“Before this law, the state treated a sale of a vacation residence like a sale of the assets of a business and required tax clearance from the Treasury Department before you could close,” Patrick J. Diegnan Jr. (D-Middlesex), who sponsored the bill. “It was both a complicated and scary process. In this market, it may well have killed many transactions. This law stops unnecessary bureaucracy and protects the real estate market.”

The bulk sale notification requirements were created in 2007 to ensure the state was able to collect taxes owed by a business, before a substantial part of its assets were sold.

While it ensured the proper payment of tax in commercial transactions, the law mandating the requirements added a layer of complication to home sales. Purchasers had to notify the state Division of Taxation of the sale at least ten days before the transfer of goods or payment, or would risk being held liable for taxes owed by the seller.

The law exempts sales of one- and two-family homes and single noncommercial dwelling units, whether those units are detached homes, condominiums or coops; and sales of seasonal rental units and seasonal leases from the notification requirements.

The law will take effect immediately and will apply retroactively to sales, transfers and assignments on or after August 1, 2007.

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