New Hampshire Revised Statutes 78-B:10 – Declaration of Consideration Required
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I. A declaration of consideration shall be filed separately by the purchaser, grantee, assignee, or transferee and by the seller, grantor, assignor, or transferor with the department of revenue administration for each transfer of real estate or interest therein. The commissioner of revenue administration shall adopt rules, pursuant to RSA 541-A, relative to the form of such declaration of consideration. Each form shall:
(a) Contain a conspicuous declaration of the price or consideration exchanged for the real estate transferred, which shall say substantially: ” __________ (buyer’s name) and ______________ (seller’s name) agree and affirm that the full price or consideration paid for the real estate transferred by this deed is $ _____ . The tax due upon this transfer is calculated at $ _____ per $100 or any part thereof, for an amount due of $ _____ (computed to the nearest whole dollar).”
(b) Contain a space immediately below the statement in subparagraph (a) for the dated signature of the purchaser, grantee, assignee, or transferee of the deeded real estate on their respective declaration of consideration and for the dated signature of the seller, grantor, assignor, or transferor of the deeded real estate on their respective declaration of consideration.
II. The declaration of N.H. Rev. Stat. § 78-B:10, I(a) shall be prima facie evidence of the price or consideration paid for the real estate.
III. A declaration shall not be required for the following:
(a) Transfers exempted by N.H. Rev. Stat. § 78-B:2, except transfers exempted by N.H. Rev. Stat. § 78-B:2, IX.
(b) Transfers involving only utility easements.
IV. The declarations required by this section shall be filed separately by the purchaser, grantee, assignee, or transferee, and the seller, grantor, assignor, or transferor with the department of revenue administration, no later than 30 days from the recording of the deed at the registry of deeds or transfer of real estate, whichever is later.
V. No deed, recording a transfer of real estate or any interest therein, executed before January 1, 1990, shall be required to comply with this section.
VI. Failure to comply with this section shall not be construed to cloud title.
(a) Contain a conspicuous declaration of the price or consideration exchanged for the real estate transferred, which shall say substantially: ” __________ (buyer’s name) and ______________ (seller’s name) agree and affirm that the full price or consideration paid for the real estate transferred by this deed is $ _____ . The tax due upon this transfer is calculated at $ _____ per $100 or any part thereof, for an amount due of $ _____ (computed to the nearest whole dollar).”
Terms Used In New Hampshire Revised Statutes 78-B:10
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Grantor: The person who establishes a trust and places property into it.
- real estate: shall include lands, tenements, and hereditaments, and all rights thereto and interests therein. See New Hampshire Revised Statutes 21:21
(b) Contain a space immediately below the statement in subparagraph (a) for the dated signature of the purchaser, grantee, assignee, or transferee of the deeded real estate on their respective declaration of consideration and for the dated signature of the seller, grantor, assignor, or transferor of the deeded real estate on their respective declaration of consideration.
II. The declaration of N.H. Rev. Stat. § 78-B:10, I(a) shall be prima facie evidence of the price or consideration paid for the real estate.
III. A declaration shall not be required for the following:
(a) Transfers exempted by N.H. Rev. Stat. § 78-B:2, except transfers exempted by N.H. Rev. Stat. § 78-B:2, IX.
(b) Transfers involving only utility easements.
IV. The declarations required by this section shall be filed separately by the purchaser, grantee, assignee, or transferee, and the seller, grantor, assignor, or transferor with the department of revenue administration, no later than 30 days from the recording of the deed at the registry of deeds or transfer of real estate, whichever is later.
V. No deed, recording a transfer of real estate or any interest therein, executed before January 1, 1990, shall be required to comply with this section.
VI. Failure to comply with this section shall not be construed to cloud title.