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A Massachusetts real estate licensee is advising a client on deed excise tax obligations. Which of the following statements about the Massachusetts deed excise tax is NOT accurate?

Correct Answer

C) Massachusetts allows the buyer and seller to contractually agree to split the deed excise tax equally, and this agreement is enforceable against the Registry of Deeds

Option C is NOT accurate. While buyers and sellers may privately agree to split the economic cost of the deed excise tax, such a private contractual agreement is not enforceable against the Registry of Deeds. The Registry of Deeds looks solely to the seller (grantor) as the legally responsible party under MGL Chapter 64D. The Registry will not record the deed unless the full tax has been paid, regardless of any private agreement between the parties.

Answer Options
A
The deed excise tax is based on the consideration paid or the fair market value, whichever is greater
B
The seller (grantor) is legally responsible for paying the deed excise tax at closing
C
Massachusetts allows the buyer and seller to contractually agree to split the deed excise tax equally, and this agreement is enforceable against the Registry of Deeds
D
The deed excise tax must be paid before the deed can be recorded at the Registry of Deeds

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Related Topics & Key Terms

Key Terms:

deed_excise_taxregistry_of_deedsseller_obligationcontractual_splitreverse_question

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