I 
111TH CONGRESS 
2D SESSION 
H. R. 6332 
To enhance disclosure of private transfer fees in real estate transactions. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 29, 2010 
Mr. GINGREY of Georgia introduced the following bill; which was referred to 
the Committee on Financial Services 
A BILL 
To enhance disclosure of private transfer fees in real estate 
transactions. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Homebuyer Enhanced 
Fee Disclosure Act of 2010’’. 
SEC. 2. CONGRESSIONAL FINDINGS. 
The Congress finds that transfer fee covenants rep-
resent an important economic tool with the potential to 
make homeownership more affordable and benefit local 
communities by positively restructuring the economics of 
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real estate transactions by apportioning certain infrastruc-
ture and overhead costs over time. 
SEC. 3. RECORDATION OF TRANSFER FEES. 
(a) RECORDATION REQUIREMENT.—A transfer fee 
covenant recorded on or after the date of the enactment 
of this Act shall be void and unenforceable unless, at the 
time the document containing the transfer fee covenant 
is submitted for recording, a notice described in subsection 
(b) is contemporaneously submitted for recording in the 
office of the applicable county recorder. 
(b) NOTICE REQUIREMENTS.—Notice required under 
subsection (a) shall— 
(1) be titled, in boldface type, ‘‘Payment of 
Transfer Fee Required’’; 
(2) include statements of— 
(A) the name or names of the owner or 
owners of the affected property; 
(B) the legal description of the affected 
property; 
(C) the dollar amount or, if applicable, the 
percentage of sales price constituting the trans-
fer fee required to be paid under the transfer 
fee covenant; 
(D) the method and manner of payment of 
the transfer fee; 
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spect to affected property, the recorder of the county 
in which the affected property is located. 
(3) TRANSFER FEE.—The term ‘‘transfer fee’’ 
means a fee, charge or payment imposed by a cov-
enant, restriction, or similar document filed in the 
applicable county recorder’s office and required to be 
paid in connection with or as a result of a transfer 
of title to affected property, but does not include 
fees, charges, payments, or other obligations that— 
(A) are imposed by a court judgment, 
order, or decree; 
(B) are imposed by or payable to the Fed-
eral Government or a State or local govern-
ment; 
(C) arise out of a mechanic’s lien; 
(D) arise from an option to purchase, or 
for waiver of the right to purchase, the affected 
property; 
(E) are payable to a homeowners associa-
tion, condominium association, or similar entity 
for the benefit of the owners; and 
(F) are imposed by or payable to lenders 
or purchasers of loans. 
(4) TRANSFER
FEE
COVENANT.—The term 
‘‘transfer fee covenant’’ means a covenant, restric-
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tion, or agreement filed with the office of the appli-
cable county recorder that— 
(A) affects real property; and 
(B) obligates a future buyer or seller of the 
affected real property, other than a person who 
is a party to the covenant, restriction, or agree-
ment, to pay a transfer fee. 
Æ 
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