Private transfer fee
means a fee or charge payable upon the transfer of an interest in real property,
or payable for the right to make or accept such transfer, regardless of whether
the fee or charge is a fixed amount or is determined as a percentage of the
value of the property, the purchase price, or other consideration given for
the transfer. Private transfer fee does not include:
(1)Any consideration
payable by the grantee to the grantor for the interest in real property being
transferred, including any subsequent additional consideration for the property
payable by the grantee based upon any subsequent appreciation, development,
or sale of the property, if the additional consideration is payable on a one-time
basis only and the obligation to make such payment does not bind successors
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Private transfer fee
means a fee or charge payable upon the transfer of an interest in real property,
or payable for the right to make or accept such transfer, regardless of whether
the fee or charge is a fixed amount or is determined as a percentage of the
value of the property, the purchase price, or other consideration given for
the transfer. Private transfer fee does not include:
(1) Any consideration
payable by the grantee to the grantor for the interest in real property being
transferred, including any subsequent additional consideration for the property
payable by the grantee based upon any subsequent appreciation, development,
or sale of the property, if the additional consideration is payable on a one-time
basis only and the obligation to make such payment does not bind successors
in title to the property. For purposes of this subdivision, an interest in
real property may include a separate mineral estate and its appurtenant surface
access rights;
(2)
Any commission payable to a licensed real estate broker or salesperson for
the transfer of real property pursuant to an agreement between the broker
or salesperson and the grantor or the grantee, including any subsequent additional
commission for that transfer payable by the grantor or the grantee based upon
any subsequent appreciation, development, or sale of the property;
(3) Any interest, charges,
fees, or other amounts payable by a borrower to a lender pursuant to a loan
secured by a mortgage or trust deed against real property, including any fee
payable to the lender for consenting to an assumption of the loan or a transfer
of the real property subject to the mortgage or trust deed, any fees or charges
payable to the lender for estoppel letters or certificates, and any shared
appreciation interest or profit participation or other consideration payable
to the lender in connection with the loan;
(4) Any rent, reimbursement, charge, fee, or other
amount payable by a lessee to a lessor under a lease, including any fee payable
to the lessor for consenting to an assignment, subletting, encumbrance, or
transfer of the lease;
(5)
Any consideration payable to the holder of an option to purchase an interest
in real property or the holder of a right of first refusal or first offer
to purchase an interest in real property for waiving, releasing, or not exercising
the option or right upon the transfer of the real property to another person;
(6) Any tax, fee, charge,
assessment, fine, or other amount payable to or imposed by a governmental
authority;
(7)
Any fee, charge, assessment, dues, fine, contribution, or other amount payable
to a homeowners, condominium, cooperative, mobile home, or property owners
association pursuant to a declaration or covenant or bylaw applicable to such
association, including fees or charges payable for estoppel letters or certificates
issued by the association or its authorized agent;
(8) Any fee, charge, assessment,
dues, contribution, or other amount pertaining solely to the purchase or transfer
of a club membership relating to real property owned by the member, including
any amount determined by reference to the value, purchase price, or other
consideration given for the transfer of the real property; or
(9) Any payment required
pursuant to an environmental covenant.