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Current through October 23, 2012
(a)(1) The provisions of this chapter shall apply only to the transfer or sale of real estate located in the District of Columbia consisting of not less than one nor more than 4 residential dwelling units, whether by sale, exchange, installment land contract, lease with an option to purchase, or any other option to purchase.
(2) This chapter shall apply only where the purchaser expresses, in writing, an intent to reside in the property to be transferred.
(b) The provisions of this chapter shall not apply to any of the following:
(1) Transfers pursuant to court order, including, but not limited to, transfers ordered by a probate court in administration of an estate, transfers pursuant to a writ of execution, transfers by any foreclosure sale, transfers by a trustee in bankruptcy, transfers by eminent domain, and transfers resulting from a decree for specific performance;
(2) Transfers to a mortgagee by a mortgagor or successor in interest who is in default, or transfers to a beneficiary of a deed of trust by a trustor or successor in interest who is in default;
(3) Transfers by a sale under a power of sale or any foreclosure sale under a decree of foreclosure after default in an obligation secured by a mortgage or deed of trust or secured by any other instrument containing a power of sale, or transfers by a mortgagee or a beneficiary under a deed of trust who has acquired the real property at a sale conducted pursuant to a power of sale under a mortgage or deed of trust or a sale pursuant to a decree of foreclosure or has acquired the real property by a deed in lieu of foreclosure;
(4) Transfers by a nonoccupant fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust;
(5) Transfers from one cotenant to one or more other co-tenants;
(6) Transfers made to the transferor's spouse, domestic partner, parent, grandparent, child, grandchild or sibling or any combination of the foregoing;
(7) Transfers between spouses or domestic partners resulting from a judgment of divorce or a judgment of separate maintenance or from a property settlement agreement incidental to such a judgment;
(8) Transfers or exchanges to or from any governmental entity; and
(9) Transfers made by a person of newly constructed residential property that has not been inhabited.
(c) For the purposes of this section, the term "domestic partner" shall have the same meaning as provided in § 32-701(3).
(Apr. 20, 1999, D.C. Law 12-263, § 2, 46 DCR 2111; Sept. 12, 2008, D.C. Law 17-231, § 35, 55 DCR 6758.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 45-951.
Effect of Amendments
D.C. Law 17-231, in subsec. (b)(6), substituted "spouse, domestic partner" for "spouse"; in subsec. (b)(7), substituted "spouses or domestic partners" for "spouses"; and added subsec. (c).
Legislative History of Laws
Law 12-263, the "Residential Real Property Seller Disclosure, Funeral Services Date Change, and Public Service Commission Independent Procurement Authority Act of 1998," was introduced in Council and assigned Bill No. 12-648, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first, amended first and second readings on October 6 1998, November 10, 1998, and December 1, 1998, respectively. Bill 12-648 was vetoed by the Mayor on December 29, 1998, and the Council overrode the veto on January 5, 1999, whereupon the Bill was assigned Act No. 12-625 and transmitted to both Houses of Congress for its review. D.C. Law 12-263 became effective on April 20, 1999.
For Law 17-231, see notes following § 42-516.
