Fort Pierce, FL asked in Real Estate Law for Illinois

Q: A sale was conducted, the deed was recorded, but

1) transfer taxes were not paid

2) transfer stamps not on the filed deed document

3) purchaser's signature not on the document.

Is the sale valid or is it void?

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1 Lawyer Answer
Erik K Jacobs
Erik K Jacobs
  • Rockford, IL
  • Licensed in Illinois

A: Generally the County Recorder will not record a deed without transfer taxes. However, there are a number of situations where a transaction may be exempt from having to pay transfer taxes. See 35 ILCS 200/31-45(a). Several municipalities also have transfer tax ordinances which require a tax to be paid by either the seller or the buyer. I don't believe that the fact a tax was not collected on the transfer voids that transfer.

Also, there is no requirement that a purchaser sign the deed in order for a transfer to be valid.

T. J. Jesky agrees with this answer

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