Understanding the Statement of Consideration in Real Estate Law

Definition & Meaning

A statement of consideration is a document that must be filed in certain jurisdictions when real estate is sold. This document confirms the amount paid for the property, primarily for tax purposes. It typically includes details such as the date of sale, purchase price, and terms of sale. In some cases, it may need to be included with the property deed. Certain types of property transfers may not require this statement, such as those involving utility easements, court-ordered transfers during divorce proceedings, cemetery lots, or corrections of previous deed errors.

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Real-world examples

Here are a couple of examples of abatement:

Example 1: When a homeowner sells their property for $300,000, they must file a statement of consideration that details the sale date, the purchase price, and any terms agreed upon in the sale contract.

Example 2: A couple going through a divorce may transfer ownership of their home to one partner through a court order, which may not require a statement of consideration if it falls under specific exemptions. (hypothetical example)

State-by-state differences

State Requirement for Statement of Consideration
California Required for all real estate transactions.
Texas Not required for certain property transfers, such as those involving family law.
New York Required, but exemptions may apply for specific types of transfers.

This is not a complete list. State laws vary and users should consult local rules for specific guidance.

Comparison with related terms

Term Definition
Deed A legal document that transfers ownership of property.
Purchase Agreement A contract between buyer and seller detailing the terms of sale.
Statement of Consideration Document affirming the amount paid for property, mainly for tax purposes.

What to do if this term applies to you

If you are involved in a real estate transaction, check whether a statement of consideration is required in your jurisdiction. You can find templates and guidance on how to complete this document through US Legal Forms. If your situation is complex, consider consulting a legal professional for assistance.

Quick facts

  • Typical fee: Varies by jurisdiction
  • Jurisdiction: Required in certain states
  • Possible penalties: Fines for non-compliance

Key takeaways

Frequently asked questions

It is a document that confirms the sale price of a property for tax purposes.