“What are my closing costs” is one of the most common questions when buying and selling real estate. While the sale contract breaks down the list of closing costs, fees, and charges for each party, it remains of the most mysterious sections of the contract. That's because the elusive “closing costs” vary based on the sales price of the property, the type of loan you choose, and the state or county where the property is located.

Typical Closing Costs For Sellers:

• Applicable Documentary Stamp Taxes
• Owner's Title Policy and Charges (depending upon contract terms)
• Municipal Lien Search
• HOA/Condo Estoppel Fees
• Recording and any other fees required to provide marketable title
• Seller's Attorney Fees

Typical Closing Costs For Buyers:

• Documentary Stamp & Fees On Promissory Notes
• Recording Fees For Deed & Financing Statements
• Owner's Title Policy and Charges (depending upon contract terms)
• Property Survey, if Required
• HOA/Condo Association Transfer/Application Fees
• Municipal Lien Search
• Loan Costs like origination, appraisal, inspection, and credit reporting fees
• Buyer's Attorney Fees

Why Are Some Fees Listed Twice?

In some cases, the fees are negotiable, either in terms of who pays them, or in terms of the amount to be paid. In general, sellers pay all the fees required to remove any encumbrances on the title and their own legal costs, while buyers pay the fees associated with financing and transferring the property title. The party paying for the title insurance chooses the closing/title agent, which gives some measure of control over that cost. However, many of the fees are regulated by state law, such as title insurance premium, documentary stamp taxes, and recording costs, will not change.

Having a real estate attorney on your side can help you negotiate a more favorable result and gives you added protection against surprises, like finding a previously undetected encumbrance on the property or learning after the transaction is over that there are zoning or land use controls that prevent you from using the property the way you wanted to.

Keep Closing Costs To Your Fair Share

When you work with the real estate attorneys at Overstreet Law, P.A., you place yourself in a better position to negotiate your fair share of closing costs and can rest assured that your real estate purchase contract is not going to come back to bite you later. Call or contact us online to schedule a consultation, and we'll let you know how we can help in your specific transaction.