dliu1/legal-llama-raw-text huggingface dataset:
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.  The following are not private
transfer fees for purposes of this section:
(a) Any consideration payable by the transferee to the transferor  for
the   interest   in  real  property  being  transferred,  including  any
subsequent additional consideration for  the  property  payable  by  the
transferee  based upon any subsequent appreciation, development, or sale
of the property, provided such 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  the  purposes  of  this
subparagraph,  an  interest  in  real  property  may  include a separate
mineral estate and its appurtenant surface access rights.
(b) Any commission payable to a licensed real estate  broker  for  the
transfer  of  real  property pursuant to an agreement between the broker
and  the  transferor  or  the  transferee,  including   any   subsequent
additional commission for that transfer payable by the transferor or the
of the property.
(c) Any interest,  charges,  fees,  or  other  amounts  payable  by  a
borrower  to  a  lender pursuant to a loan secured by a mortgage against
real property, including, but not limited to, 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, any fees or  charges  payable  to
the  lender  for  estoppel  letters  or  certificates,  and  any  shared
appreciation interest or profit participation or other consideration and
payable to the lender in connection with the loan.
(d) Any rent, reimbursement, charge, fee, or other amount payable by a
lessee to a lessor under a lease, including, but not limited to, any fee
payable to the lessor  for  consenting  to  an  assignment,  subletting,
encumbrance, or transfer of the lease.
(e)  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 property to another person.
(f) Any tax, fee, charge, assessment, fine, or other amount payable to
or imposed by a governmental authority.
(g)  Any  fee,  charge, assessment, fine, or other amount payable to a
homeowners', condominium, cooperative, mobile home, or property  owners'
association  pursuant  to  a declaration, covenant, duly adopted by-law,
proprietary lease or law applicable to such association, including,  but
not  limited  to,  fees  or  charges  payable  for  estoppel  letters or
certificates issued by the  association  or  its  authorized  agent.  No
amount  shall be paid to a homeowners', condominium, cooperative, mobile
home, or property owners' association for the payment to  the  declarant
of  the condominium or the creator of a homeowners', cooperative, mobile
home or property owners' association, or their designee.
(h) Any fee, charge, assessment, dues, contribution, or  other  amount
imposed  by  a  declaration  or  covenant  encumbering  a community, and
payable to a not-for-profit or charitable organization for  the  purpose
of   supporting   cultural,   educational,   charitable,   recreational,
environmental, conservation, or other similar activities benefiting  the
community that is subject to the declaration or covenant.
(i)  Any  fee, charge, assessment, dues, contribution, or other amount
pertaining to the purchase or transfer of a club membership relating  to
real  property  owned  by the member, including, but not limited to, any
amount determined by reference to the value, purchase  price,  or  other
consideration given for the transfer of the real property.
(j)  Any  fee,  charge  or  assessment  payable by the transferee to a
corporation or company formed pursuant to the  private  housing  finance
(k)  Any  fee,  charge  or  assessment  payable by the transferee to a
corporation or company that has received a loan or subsidy  pursuant  to
the private housing finance law or general municipal law.
(l) Any amounts payable to a government entity.
3. Private transfer fee obligation means an obligation arising under
a  declaration  or covenant recorded against the title to real property,
or under any other contractual agreement  or  promise,  whether  or  not
recorded,  that requires or purports to require the payment of a private
transfer  fee  to  the  declarant  or  other  person  specified  in  the
declaration,  covenant  or agreement, or to their successors or assigns,
upon a subsequent transfer of an interest in the real property.
§  473.  Prohibition.  A  private  transfer fee obligation recorded or
entered into in this state on  or  after  the  effective  date  of  this
section  does not run with the land and is not binding on or enforceable
at law or in equity against any owner, purchaser, or  mortgagee  of  any
interest  in  real  property as an equitable servitude or otherwise. Any
private transfer fee obligation that is recorded or entered into in this
state on or after the  effective  date  of  this  section  is  void  and
unenforceable.  This  section  shall not apply to a private transfer fee
obligation recorded or entered into prior to the effective date of  this
section.  This  section  shall  not  be deemed to require that a private
transfer fee obligation recorded, filed or entered into  in  this  state
before  the  effective  date  of  this  section  is  presumed  valid and
enforceable. It is the public policy  of  this  state  that  no  private
transfer  fee  obligation shall be valid or enforceable whenever entered
into, recorded or filed. Furthermore, this article  shall  not  validate
any  private  transfer fee agreement that is contrary to the law of this
§  474. Liability for violation. Any person who records or enters into
an agreement imposing a private transfer fee obligation in  their  favor
or  in  the  favor  of  a  third  party after the effective date of this
section shall be liable for (1) any and all damages resulting  from  the
imposition of the transfer fee obligation on the transfer of an interest
in  the  real property, including, without limitation, the amount of any
transfer fee paid by a party to the transfer,  and  (2)  all  attorneys'
fees,  expenses  and  costs  incurred  by  a  party  to  the transfer or
mortgagee of the real property to recover any transfer fee  paid  or  in
connection  with an action to quiet title. Where an agent acts on behalf
of a principal to record or secure a private  transfer  fee  obligation,
liability shall be assessed to the principal, rather than the agent.
§  475.  Disclosure.  Prior  to  the signing by the buyer of a binding
contract for the sale of real property, the seller shall furnish to  any
purchaser  a  written  statement disclosing the existence of any private
transfer  fee  obligation.  This  written  statement  shall  include   a
description  of  the  private  transfer  fee  obligation  and  include a
statement  that  private  transfer  fee  obligations  are   subject   to
prohibitions under this section.
§  476.  Notice requirements for existing transfer fee obligations. 1.
For a private transfer fee obligation imposed  prior  to  the  effective
date of this section, the receiver of the fee shall record, prior to six
months  after  the  effective  date  of  this  section, against the real
property subject to the  private  transfer  fee  obligation  a  separate
document  in  the  county  records in which the real property is located
that meets all of the following requirements:
(a) The title of the document shall be Notice of Private Transfer Fee
Obligation in at least 14-point boldface type;
(b) The names of all current owners of the real  property  subject  to
the transfer fee, and the legal description and assessor's parcel number
for the affected real property.
(c)  The amount, if the fee is a flat amount, or the percentage of the
sales price constituting the cost of the transfer  fee,  or  such  other
basis by which the transfer fee is to be calculated;
(d)  If  the real property is residential property, actual dollar-cost
examples of the transfer fee for a home  priced  at  two  hundred  fifty
thousand  dollars  ($250,000), five hundred thousand dollars ($500,000),
and seven hundred fifty thousand dollars ($750,000);
(e) The date or circumstances under which  the  private  transfer  fee
obligation expires, if any;
(f)  The  purpose  for  which  the funds from the private transfer fee
obligation will be used;
(g) The name of the person or entity to which funds are to be paid and
specific contact information regarding where the funds are to be sent;
(h) The acknowledged signature of the receiver of the fee; and
(i) The legal description of the real property burdened by the private
transfer fee obligation.
2. The person or entity to which the transfer fee is to  be  paid  may
file  an  amendment to the notice of transfer fee containing new contact
information, but such amendment must contain the  recording  information
of  the notice of transfer fee which it amends and the legal description
of the property burdened by the private transfer fee obligation.
3. If the receiver of the fee fails to comply fully  with  subdivision
one of this section, the transferor of any real property burdened by the
private  transfer  fee obligation may proceed with the conveyance of any
interest in the real property to any transferee and in so doing shall be
deemed to have acted in good faith and  shall  not  be  subject  to  any
obligations  under  the  private transfer fee obligation. In such event,
the real property thereafter shall be conveyed free and  clear  of  such
transfer fee and private transfer fee obligation.
4.  Should the receiver of the fee fail to provide a written statement
of the transfer fee payable within thirty days of the date of a  written
request for the same sent to the address shown in the notice of transfer
fee,  then  the transferor, on recording of the affidavit required under
subdivision five of this section, may convey any interest  in  the  real
property to any transferee without payment of the transfer fee and shall
not be subject to any further obligations under the private transfer fee
obligation.  In  such event the real property shall be conveyed free and
clear of the transfer fee and private transfer fee obligation.
5. An affidavit stating the facts enumerated under subdivision six  of
this  section  shall  be  recorded in the office of the county clerk and
recorder in the county in which the real property is situated  prior  to
or simultaneously with a conveyance pursuant to subdivision four of this
section   of   real  property  unburdened  by  a  private  transfer  fee
obligation. An affidavit filed under this subdivision shall  state  that
the affiant has actual knowledge of, and is competent to testify to, the
facts  in  the  affidavit and shall include the legal description of the
real property burdened by the private transfer fee obligation, the  name
of  the  person  appearing  by  the  record to be the owner of such real
property at the time of the signing of such affidavit, a  reference  (by
recording  information)  to  the  instrument  of  record  containing the
private transfer fee obligation and an acknowledgment that  the  affiant
is testifying under penalty of perjury.
6.  When  recorded,  an  affidavit as described in subdivision five of
this section shall constitute conclusive evidence that:
(a) A request for the written statement of the transfer fee payable in
order to obtain a release of the fee imposed by the private transfer fee
obligation was sent to the address shown in the notification; and
(b) The entity listed on the notice of transfer fee failed to  provide
the  written statement of the transfer fee payable within thirty days of
the date of the notice sent to the address shown in the notification.