Minnesota · TitleMinnesota private transfer fees: void since May 20, 2010, and the notice older ones needed

A private transfer fee obligation recorded, filed or entered into in Minnesota on or after May 20, 2010, doesn't run with the title, isn't binding on or enforceable against any later owner, purchaser or mortgagee, and is void; the statute states a public policy that no such obligation should be valid whenever it was created (Minn. Stat. §513.74). A person who records, files or enters into one in its own favor after that date is liable for all resulting damages, including any fee paid, and for the attorney fees and costs of recovering it or of a quiet title or registration action; an agent's principal, not the agent, is liable (§513.75). For an obligation imposed before May 20, 2010, the payee had to record a separate "Notice of Private Transfer Fee Obligation" by December 31, 2010, giving the amount or formula, the expiration, the purpose, the payee's contact information, the acknowledged signature and the legal description; if the payee didn't comply, the owner may convey free of the fee, and a payee who doesn't give a written statement of the fee within 30 days of a request also loses it once the owner records the required affidavit (§513.76). The definition excludes items such as the purchase price, a broker's commission and lender charges (§513.73).