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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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If I sell my house to someone who will not sign that they

Customer Question

If I sell my house to someone who will not sign that they will be living in this house more than 50%, does the title company have to send a certaint per cent of the sales price to the IRS ??
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Irwin Law replied 10 months ago.
No. Why do you think there would be such an obligation on the part of the buyer? Who told you that would be the case?
Customer: replied 10 months ago.
The Title company and the real estate agent
Customer: replied 10 months ago.
Can you please verify , thank you
Expert:  Irwin Law replied 10 months ago.
Did you purchase the home using special government financing for owner occupants only? If so, how long have you on the home? Can you attach a copy of correspondence you have received from the title company or the real estate agent which points out this problem?
Customer: replied 10 months ago.
The house was bought 4 years ago; no special circumstances, I have a copy of the settlement statement only, it has a line FIRPTA, 15 per cent withholding to IRS
Customer: replied 10 months ago.
Can u please reply again, dont seem to have received your last message, thank you
Customer: replied 10 months ago.
The real estate agent and the Title company, seem to believe that it is normal and regular to 15% FIRPTA witholding for the IRS, is this so ??
Customer: replied 10 months ago.
That is, if the buyer does not sign he will be living in the house more than 50 %, excuse the resending
Expert:  Irwin Law replied 10 months ago.
You must be a non US resident? That is the reason for the withholding of income tax under FIRPTA. I would have to see the title report or official letter that you received concerning this withholding situation

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