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District of Columbia · D.C. CodeDC real estate closing laws: a checklist for transaction coordinators

The District's rules for a home sale, in the order a transaction meets them: if a single-family home or condo unit is rented, the owner gives the tenant written notice within 3 calendar days of receiving or soliciting a written offer, and an elderly or disabled tenant who leased by March 31, 2018 has full purchase rights under TOPA with 20-, 25- and 45-day periods (D.C. Code §42-3404.09). The seller of a one-to-four unit home delivers the Mayor's disclosure statement before or when the buyer signs the contract – where the buyer states an intent to live there – and a late statement gives the buyer 5 calendar days to terminate (§§42-1301, 42-1302). At recording, the recordation tax and the transfer tax are each 1.1%, or 1.45% for residential sales of $400,000 or more; the seller is responsible for the transfer tax, and a qualifying first-time DC homebuyer can get a reduced 0.725% recordation rate (§§42-1103, 47-903).

From listing to recording

  1. 1. TOPA (§42-3404.09)

    3-day notice to a tenant; full rights for some elderly or disabled tenants.

  2. 2. Seller disclosure (§42-1302)

    Before or when the buyer signs; 5 days if late.

  3. 3. Recordation and transfer tax (§§42-1103, 47-903)

    1.1% each, 1.45% at $400,000 and up.

Questions about DC closings

Who pays the DC transfer tax?

The seller is responsible, with the buyer jointly liable if the seller doesn't pay (D.C. Code §47-903(c)).

When is the DC seller disclosure due?

Before or at the time the buyer signs the purchase agreement (§42-1302(a)).

Does TOPA apply to selling a rented DC house?

Only the 3-day notice – unless the tenant is elderly or has a disability and leased by March 31, 2018 (§42-3404.09).

The DC guides

ClosingCode shows the DC disclosure rule under the seller's disclosure and the TOPA rule on the tenant steps of each DC deal.

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Sources: Code of the District of Columbia §§42-1103, 47-903, 42-1301, 42-1302 and 42-3404.09 (code.dccouncil.gov, read for the linked guides).

General information, not legal advice. Each point links to the guide with the details. ClosingCode is software; it is not a law firm. This guide is not a substitute for the advice or services of an attorney.