New Jersey - Essex County Bargain and Sale Deed Forms

Included Forms

All Essex County specific forms and documents listed below are included in your immediate download package:

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Included Supplemental Documents

The Following New Jersey and Essex County supplemental forms are included as a courtesy with your order.

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County Cover Sheet (Essex County Document)

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Nonresident Seller Tax Declaration GIT/REP-1 (Essex County Document)

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Affidavit of Consideration for Seller / RTF-1 (Essex County Document)

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Resident Decedent Estate Tax Return (Essex County Document)

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Certificate of Acknowledgment (Essex County Document)

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Nonresident Seller Tax Prepayment Receipt GIT/REP-2 (Essex County Document)

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Affidavit of Consideration for Buyer / RTF-1EE (Essex County Document)

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Affidavit of Resident Decedent Requesting Real Property Tax Waiver / L-9 (Essex County Document)

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Jurat (Essex County Document)

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Seller Residency Certification/Exemption GIT/REP-3 (Essex County Document)

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Waiver of Seller Filing Requirement GIT/REP-4 (Essex County Document)

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Waiver for Corrected Deed GIT/REP-4a (Essex County Document)

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Seller Tax Form FAQs (Essex County Document)

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Affidavit of Consideration for Buyer / RTF-1EE (New Jersey Document)

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Affidavit of Consideration for Seller / RTF-1 (New Jersey Document)

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Seller Tax Form FAQs (New Jersey Document)

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Waiver of Seller’s Filing Requirement of GIT/REP Forms and Payment GIT/REP-4 (New Jersey Document)

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Affidavit of Resident Decedent Requesting Real Property Tax Waiver / L-9 (New Jersey Document)

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Waiver for Corrected Deed GIT/REP-4a (New Jersey Document)

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Resident Decedent Estate Tax Return (New Jersey Document)

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Certificate of Acknowledgment (New Jersey Document)

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Jurat (New Jersey Document)

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Frequently Asked Questions:

• How long does it take to get my forms?
  • Forms are available immediately after submitting payment.
• What are supplemental forms?
  • Often when a deed is recorded additional documents are required by New Jersey or Essex County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
• How do I get my forms, are they emailed?
  • After you submit payment you will see a page listing the Essex County forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
• What type of files are the forms?
  • All of our Essex County Bargain and Sale Deed forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
• Can the Bargain and Sale Deed forms be re-used?
  • Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Essex County that you need to transfer you would only need to order our forms once for all of your properties in Essex County.
• Are these forms guaranteed to be recordable in Essex County ?
  • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Essex County including margin requirements, content requirements, font and font size requirements.
• Do I have to enter all of my property information online?
  • No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
• Can I save the completed form, email it to someone?
  • Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
• Do I need any special software to use these forms?
  • You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
• Are there any recurring fees involved?
  • No. Nothing to cancel, no memberships, no recurring fees.

Areas covered by these Bargain and Sale Deed Forms:

• Essex County

Including:

• Belleville
• Bloomfield
• Caldwell
• Cedar Grove
• East Orange
• Essex Fells
• Fairfield
• Glen Ridge
• Irvington
• Livingston
• Maplewood
• Millburn
• Montclair
• Newark
• Nutley
• Orange
• Roseland
• Short Hills
• South Orange
• Verona
• West Orange

What is the New Jersey Bargain and Sale Deed?

In New Jersey, real property can be transferred from one party to another by executing a bargain and sale deed with covenant as to grantor's acts.

Bargain and sale deeds are generally used to transfer the grantor's entire interest in the property at the time of conveyance without any warranties of title. Unlike quitclaim deeds, bargain and sale deeds imply that the grantor holds an actual interest in the property being conveyed. Additionally, in New Jersey, a bargain and sale deed with covenant as to grantor's acts includes a promise from the grantor that he or she has not encumbered the property (N.J.S.A. 46:4-6).

A lawful bargain and sale deed with covenant as to grantor's acts deed includes the grantor's full name, mailing address, and marital status, and the grantee's full name, mailing address, marital status, and vesting. Vesting describes how the grantee holds title to the property. Generally, real property is owned in either sole ownership or in co-ownership.

For New Jersey residential property, the primary methods for holding title are tenancy in common, joint tenancy, and tenancy by entirety. A conveyance to two or more unmarried persons is presumed to create a tenancy in common, unless otherwise stated. A conveyance to a married couple creates a tenancy by entirety, unless otherwise stated (N.J.S.A. 46:3-17, 46:3-17.3).

As with any conveyance of realty, a bargain and sale deed with covenant as to grantor's acts requires a complete legal description of the parcel. Recite the prior deed reference to maintain a clear chain of title, and detail any restrictions associated with the property. The deed must meet all state and county standards of form and content for recorded documents.

Sign the deed in the presence of a notary public or other authorized official. For a valid transfer, record the deed at the recording office in the county where the property is located. Contact the same office to confirm accepted forms of payment.

Deeds transferring new construction as the term is defined in N.J.S.A. 46:15-5(1)(g) should contain the words "NEW CONSTRUCTION" in all caps on the first page (N.J.S.A. 46:15-6(2)(c)).

If the conveyance is exempt from transfer taxes, explain why on the face of the deed. See N.J.S.A. 46:15-10 for transfer tax exemptions. A completed Affidavit of Consideration is required for deeds claiming exemption or partial exemption.

The Gross Income Tax Form (GIT/REP) must be recorded with a deed when transferring real property in New Jersey. Ask the local assessor or recording office for help choosing the correct version of the GIT/REP.

This article is provided for informational purposes only and is not a substitute for legal advice. Contact an attorney with questions about using bargain and sale deeds, or for any other issues related to transfers of real property in New Jersey.

Our Promise

The documents you receive here will meet, or exceed, the Essex County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

Get your Essex County Bargain and Sale Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

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