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.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Foreclosure is the legal process by which a lender takes possession of a property when a borrower fails to make mortgage payments. It allows the lender to sell the property to recover the outstanding debt.
The loan-to-value ratio (LTV) is the percentage of a property's appraised value or purchase price (whichever is lower) that is being financed through a mortgage. LTV = Loan Amount / Property Value.
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