In a typical New York sale, the buyer pays the fee to record the deed, while the seller usually pays the transfer taxes, but almost everything here is negotiable and depends on your contract. Recording is a small, fixed cost compared to the taxes, and skipping it is a mistake that can cost you the property. Here is who pays for what, and why it matters.
1 Who pays the recording fee
The recording fee is the charge the City Register (or the county clerk) collects to enter your deed into the public record. In a standard purchase, this falls to the buyer as part of closing costs, because the buyer is the one who benefits from having their new ownership recorded and protected. On a gift or a transfer between family members, the person taking title typically pays it, since they are the one who needs the protection of a recorded deed.
2 Recording fee vs transfer tax
People confuse these two, but they are very different amounts:
| Charge | Usually paid by |
|---|---|
| Deed recording fee | Buyer / person taking title |
| NY State transfer tax | Seller |
| NYC Real Property Transfer Tax (RPTT) | Seller |
| Mortgage recording tax | Buyer (if financing) |
The recording fee is modest. The transfer taxes are based on the sale price and can be substantial, which is why who pays them is often negotiated in the contract.
3 It is negotiable
None of this is carved in stone. In a hot market a seller may push transfer taxes onto the buyer, and in a slow market a buyer may ask the seller to cover more. What actually governs is the language in your purchase contract, so the real answer to who pays is whatever the two sides agreed to in writing.
4 Gifts and family transfers
When a parent adds a child to a deed or transfers a home for little or no money, there is no seller collecting proceeds to pay the taxes, so the family usually covers both the recording fee and any transfer-tax filing out of pocket. Even a gift or a one-dollar transfer generally requires the transfer-tax forms to be filed, so budget for that, not just the recording fee.
5 Getting it recorded
If you want the deed notarized, the transfer-tax forms prepared, and the whole package recorded correctly the first time, that is exactly what we do. See our NYC document recording service, or call 347-762-0262 to talk through your situation.
Need a deed recorded in NYC?
We notarize, prepare the transfer-tax forms, and file it through ACRIS, done right the first time.
By custom in New York the buyer or person taking title pays the recording fee, while the seller pays the transfer taxes. Your contract can change this.
Is the recording fee the same as the transfer tax?
No. The recording fee is a modest charge to enter the deed in the public record. Transfer taxes are separate and based on the sale price.
Who pays on a family transfer or gift?
Usually the person receiving the property, since there is no seller collecting proceeds. Transfer-tax forms are typically still required.
Related: how to record a deed in NYC and how to transfer a deed in NYC.
See also: how to get a copy of your deed in NYC, step by step.
See also: do you get your deed after paying off your mortgage.
This article is general information, not legal or tax advice. Who pays which cost is set by your contract and can vary. Confirm current fees and rules or consult a professional before closing.