Form RP-5217-PDF, Real Property Transfer Report

County responsibilities

• Accept only Real Property Transfer Report with a revised date of 8/10 or later. An older version of the real property transfer may be accepted with the filing of an old deed (prior to 7/1/94).
• Check real property transfer forms for completeness (review document for blank spaces) not accuracy.
• Complete data for items C1 - C4 on filed real property transfer forms. This information is critical to matching local and state records.
  • Item C1 (SWIS code): For transfers located in more than one municipality, enter the SWIS codes for all localities.
  • Items C3 and C4 (book & page) Book and page items must match the deed exactly! Book and page items are unique identifiers and are the "key" used for matching local sales corrections to the state's records.

Note: If the County Clerk's office is changing to something other than a book/page filing system for documents in the County, please contact the ORPTS Data Management Unit promptly - (518) 474-1170.

• Submit all filed real property transfer forms from the preceding calendar month to the State, on or before the 15th day of each month. The State encourages more frequent mailings.
• Collect a fee for each real property transfer form filed. The state and counties, and agencies and officers thereof are exempt from the filing fee pursuant to sub-section 8017 of Civil Practice Law and Rules.

Specific issues related to RP-5217-PDF Form Items

Items 2 and 6: buyer and seller names

The words buyer and seller imply a sale as the condition of transfer. But, not all transfers are sales. In non-sale transfers grantor/grantee and/or transferor/transferee are used in place of buyer/seller.

Items 4A to 4C: subdivision check boxes

Items 4A to 4C were added to the form as a consumer protection device as lobbied by the Rural Resources Commission to protect buyers who are unaware that a specific parcel cannot be subdivided.

Items 7 and 18: Property use and property class

If multiple parcels with multiple property class codes are being transferred, choose the property use code which would most accurately describe the primary use of the property.  This is usually the parcel with the largest assessment.

Items 10A and 10B: Agricultural check boxes

Items 10A - 10B were added to the form as a consumer protection device as lobbied by the Rural Resources Commission. In order to remove the agricultural status on a property, the buyer must be aware that there is a substantial fine/fee involved. Buyers should be aware that the property lies partially or wholly within an agricultural district and that farming activities occur within the district. Farming activities may include but are not limited to activities that cause noise, dust, and odors.

Certification section (signature)

If multiple buyers and/or sellers are involved in the transfer, only one of each is required to sign. However, all names should be at the top of the form.

• If transfer occurs as a result of eminent domain (condemnation), tax foreclosure, or other involuntary proceeding - then, the signature of the buyer (condemner, tax district, other party to whom the property has been conveyed, or by that party's attorney) is only needed.
• If the buyer or seller is unable to sign, then the signature of either party can be made by someone who is granted "Power of Attorney". A copy may need to be presented at the time deed is filed. However, a copy is not required to be attached to the form.
• If an old deed is being filed (transaction prior to July 1, 1994), one signature is required which may be a party to the transfer, attorney or other agent to the transfer. An older version of the form is acceptable in this case, only.
• For County Tax Sales - a signature stamp is an acceptable signature from the County.
• Two copies of the form for one transfer (one signed by the buyer and one by the seller) are not acceptable.
• Photocopies or facsimiles of signatures are not acceptable.
• HUD transactions require two signatures.

General filing information

The form is required even if a property is not selling and only names are changing on the deed.  Non–sale transfers include:

• Marriage, Divorce, Death, Foreclosure, etc.
• Conveyance of a Life Estate
• Filing a Notice of Appropriation with an acquisition map by the State
• Transfer of privately owned streets in a subdivision to a municipality

A form is not required for the following transactions:

• Purchase of individual cemetery plots
• Co-op transfers
• Right-of-ways
• Easements
• Sales of Mineral Rights

Other circumstances that do not require the filing of a transfer form:

• Lease Agreements
• Will Preparation
• License Agreements
• Mortgage Refinancing
• Tax Sale Certificates or option-to-buy

The RP-5217-NYC is used for New York City transfers.  A separate RP-5217-NYC form has been developed to use for real property transfers within the five counties of New York City (Bronx, Kings, New York, Queens, and Richmond), as of 1/1/03.