Who pays closing costs in New Jersey, buyer or seller?

New Jersey charges the realty transfer fee to the seller when the deed for a sale is recorded. The Department of Banking and Insurance describes title insurance as protecting the buyer and the lender up to the purchase price if title proves invalid, paid as a one-time fee at closing.

New Jersey closing costs, line by line
LineWho pays, per the sourceAmount or rule
Seller side
Realty transfer feeSellerPer $500 of the price, by bracket
Graduated Percent Fee, sales over $1,000,000Seller1% to 3.5% of the whole price
GIT/REP formEvery sellerFiled for the deed to be recorded
Estimated income tax, nonresident sellersSellerGain x 10.75%, at least 2% of the price
Smoke alarm and CO alarm certificateOwnerSet by the town, or by DCA's commissioner where DCA enforces
Buyer side
Title insuranceBuyerOne-time fee at closing
Lender's one-time costs: application, credit report, appraisal, survey and othersBuyer with a mortgage—
Either side, or set by the parties or the town
Deed recording—$30 first page, $10 each added page (statute)
Town resale inspection or certificateSet by the townVaries by town
Property taxes, water and sewerAdjusted between the partiesBy period of ownership

What does the seller pay at closing in New Jersey?

The realty transfer fee is paid to the county recording officer when the deed is offered for recording, in addition to the recording fees. On a sale for more than $1,000,000, the State adds a Graduated Percent Fee, graduated by the total price, and the seller is legally responsible for it.

  • Graduated Percent Fee applies above$1,000,000
  • Imposed on the seller sinceJuly 10, 2025

Since July 10, 2025, the over-$1 million fee is imposed on the seller, not the buyer. Taxation says the parties can split or shift who bears the Graduated Percent Fee in their contract.

Legal responsibility for all transfer fees stays with the seller, and Taxation treats contract terms that say otherwise as private arrangements.

The realty transfer fee guide has every rate bracket.

Do out-of-state sellers pay New Jersey tax at closing?

Taxation says state law requires nonresident sellers to pay estimated gross income tax of 2% of the price on a sale of New Jersey real property. The payment is due before or at closing, whether or not the seller has a gain.

  • Estimated paymentGain x 10.75%, at least 2% of the price
  • Form for a nonresident sellerGIT/REP-1
  • Form for a resident sellerGIT/REP-3

The county clerk will not accept a deed unless it comes with a properly completed and signed GIT/REP-1, -2 or -3 form. The nonresident seller gives Form GIT/REP-1 and the payment to the settlement agent at closing.

A seller that is not an individual, estate or trust can check a GIT/REP-3 box saying it is not required to make the estimated payment.

How much does it cost to record a deed in New Jersey?

The county recording fee statute sets a base charge for the first page and a smaller one for each added page; county schedules can be higher.

Recording fees
InstrumentFirst pageEach added page
Any instrument, by statute$30$10
Deed, Burlington County$45$10
Mortgage, Burlington County$35$10

Burlington County's current schedule says all its recording fees are set by legislation and counts the cover sheet as the first page.

What certificate does a New Jersey seller need before closing?

Where no town certificate ordinance applies, the owner of a home used by not more than two households may not sell, lease or otherwise let it be occupied for residential purposes without first getting a certificate of compliance with the smoke alarm law from the fire enforcing agency.

The certificate fee is set by the town's governing body, or by the Commissioner of Community Affairs where DCA's Division of Fire Safety is the enforcing agency, to cover the cost of inspection and of issuing the certificate.

Where a town ordinance requires its own certificate of occupancy or inspection on a change of occupancy, the town may not issue it until it finds the building has the required smoke alarms.

The certificates of occupancy guide covers the town rules.

What does the buyer pay at closing in New Jersey?

The Department of Banking and Insurance describes title insurance as protecting the buyer and the lender up to the purchase price if title proves invalid, paid as a one-time fee at closing.

The same guide lists loan application, credit report, appraisal, commitment, lock-in, inspection, title insurance and survey fees among a mortgage buyer's one-time closing costs.

How are property taxes split at a New Jersey closing?

New Jersey law treats current-year property taxes and water and sewer charges as items ordinarily adjusted between buyer and seller by period of ownership, and leaves them out of the price used for the transfer fee.

The property taxes guide has each county's average bill.

Where does this guide's information come from?

From these official New Jersey sources, last checked October 27, 2026.

  1. NJ Division of Taxation: Realty Transfer Fee nj.gov
  2. NJ Department of Banking and Insurance: Everything You Wanted to Know About Buying a Home nj.gov
  3. NJ Division of Taxation: Form RTF-1EE, Affidavit of Consideration for Graduated Percent Fee (Rev. 8/7/25) nj.gov
  4. NJ Division of Taxation memo: Amendments to Graduated Percent Fee on Realty Transfers over $1 Million (July 2, 2025) nj.gov
  5. NJ Division of Taxation: FAQs on GIT/REP Forms for Sale or Transfer of Real Property nj.gov
  6. NJ Division of Taxation: Estimated Gross Income Tax Payment Requirement for Nonresident Sellers nj.gov
  7. NJ Legislature statutes: N.J.S.A. 52:27D-198.2 (certificate on sale or change of occupancy), current text lis.njleg.state.nj.us
  8. NJ Legislature statutes: N.J.S.A. 22A:4-4.1 (fees of county clerks and registers, including recording fees), current text lis.njleg.state.nj.us
  9. P.L.2004, c.66: realty transfer fee law, including the definition of consideration pub.njleg.gov
  10. NJ Division of Taxation: Graduated Percent Fee Exemptions nj.gov
  11. NJ Division of Taxation memo: Clarification on Graduated Percent Fee Implementation (July 9, 2025) nj.gov
  12. NJ Division of Taxation: Form GIT/REP-1, Nonresident Seller's Tax Declaration nj.gov
  13. NJ Division of Taxation: Form GIT/REP-3, Seller's Residency Certification/Exemption nj.gov
  14. Burlington County Clerk: Document Recording Fees (3/5/2026) co.burlington.nj.us
  15. NJ Legislature statutes: N.J.S.A. 52:27D-198.1 (smoke alarms in one- and two-household homes), current text lis.njleg.state.nj.us

This guide explains what New Jersey's official sources say. It isn't legal or tax advice, so check your own deal with a New Jersey attorney.

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