Bulletin: NJ2011003

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Bulletin: NJ2011003

Bulletin Document
V 1
Date: September 20, 2011
To: All New Jersey Issuing Offices
RE: Changes to the NJ Bulk Sale Law

Dear Associates:  

This bulletin serves to update NJ2010003 covering bulk sale reporting requirements.

On September 14, 2011, Governor Christie signed A2748 into law which modifies N.J.S.A. 54:50-38. Under the modified statute the sale of one or two family homes, condominium units or cooperative apartments will not be subject to the NJ Bulk Sale reporting requirements if the seller meets certain requirements.  This exemption includes "seasonal rental properties" defined as property rented for less than 125 consecutive days for residential purposes by a person having a permanent place of residence other than the rental property.  The new law is retroactive to August 1, 2007, resulting in qualifying sales from that date forward not being subject to bulk sale reporting requirements. 

The Seller must be an individual, estate, or trust to enjoy the exemption. Other business entities including LLC's remain subject to bulk sale reporting requirements. In addition, if the structure contains more than two units or includes commercial space, the exemption does not apply.

Bulk Sale reporting requirements with respect to all other commercial properties remain the same. Transaction specific questions should be directed to the Bulk Sale Section of the NJ Division of Taxation at (609) 292-6604.
 
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THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER  AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.


References

Bulletins Replaced:
  • None
Related Bulletins:
Underwriting Manual:
  • None
Exceptions Manual:
  • None
Forms:
  • None