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What closing costs does a seller pay when selling land, and who pays them?

Updated · By EasyLotBuyer, buying land since 2021 · 8 sources

A land seller usually pays any agent commission, the seller's share of state transfer tax, property tax up to the closing date, and any liens or back taxes, while title and escrow fees follow the contract and local custom. State transfer tax ranges from none in 15 states to 4% in Delaware. Ask the title company for a seller's net sheet before you sign.

Key points

  • 15 states charge no state real estate transfer tax, including Texas, Indiana and Missouri. Delaware's 4% is the highest, split between buyer and seller.
  • On a $50,000 land sale, Florida's documentary stamp tax is $350 ($0.70 per $100), Georgia's transfer tax is $50 ($1.00 per $1,000) and Texas charges none.
  • Real estate commissions are not set by law and are negotiable. If you sell directly to a buyer with no agent, there is no commission.
  • The title company or closing attorney usually reports the sale to the IRS on Form 1099-S. Unimproved land is reportable.
  • In a sale to a cash buyer, the purchase agreement decides who pays closing costs. Many cash buyers pay them.

Closing costs: Closing costs are the fees, taxes and payoffs settled at closing, when the deed is signed and the title company or attorney pays out the sale money.

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Real estate transfer tax by state and who usually pays it (each state links to its selling-costs page; local taxes can apply on top)
StateState transfer taxWho usually pays
Alabama$0.50 per $500Set by the contract
AlaskaNoneNo state tax
ArizonaNone (no transfer tax); $2 affidavit feeSet by the contract
Arkansas$3.30 per $1,000Buyer pays the $2.20 part by statute; rest set by contract
California$1.10 per $1,000 (county may add)Set by the contract (negotiable)
Colorado$0.01 per $100Set by contract
Connecticut0.75% (state, land) + 0.25% (town, up to 0.5%)Seller
Delaware4% (split: 2.5% state + 1.5% county)Split between buyer and seller
Florida$0.70 per $100 ($0.60 + $0.45 surtax in Miami-Dade)Seller
Georgia$1.00 per $1,000Seller
Hawaii$0.10 per $100 under $600,000 (tiered up to $1.00)Seller
IdahoNoneNo state tax
Illinois$0.50 per $500 (state) + $0.25 per $500 (county); Chicago adds its ownSeller
IndianaNoneNo state tax
Iowa$0.80 per $500 (first $500 exempt)Seller
KansasNoneNo state tax
Kentucky$0.50 per $500Seller
LouisianaNoneNo state tax
Maine$2.20 per $500 (+ $3.80 per $500 above $1M)Split between buyer and seller
Maryland0.5% (state) + county transfer taxSplit between buyer and seller
Massachusetts$2.28 per $500 ($6.48 per $1,000 in Barnstable)Seller
Michigan$3.75 per $500 (state) + $0.55 per $500 (county; up to $0.75 in counties over 2M)Seller
Minnesota$1.65 per $500 (state deed tax) + 0.01% in Hennepin and RamseySet by contract (often seller)
MississippiNoneNo state tax
MissouriNoneNo state tax
MontanaNoneNo state tax
Nebraska$3.32 per $1,000Seller
Nevada$1.95 per $500 ($2.05 Washoe, $2.55 Clark)Buyer and seller jointly liable (contract decides)
New Hampshire$7.50 per $1,000 (buyer and seller each)Split between buyer and seller
New Jersey$2.00 per $500 up to $150,000 (higher tiers above)Seller
New MexicoNoneNo state tax
New York$2.00 per $500 (state) + NYC has additional taxSeller
North Carolina$1.00 per $500Seller
North DakotaNoneNo state tax
Ohio$1.00 per $1,000 (state) + up to $3.00 per $1,000 (county)Seller
Oklahoma$0.75 per $500Seller
OregonNone (state); $1.00 per $1,000 in Washington County onlySet by the contract (negotiable)
Pennsylvania2% (1% state + 1% local)Split between buyer and seller
Rhode Island$3.75 per $500Seller
South Carolina$1.85 per $500Seller
South Dakota$0.50 per $500Seller
Tennessee$0.37 per $100Buyer
TexasNoneNo state tax
UtahNoneNo state tax
Vermont1.25% + 0.22% clean water surcharge (1.47% for land)Buyer
Virginia$0.50 per $500 (state) + local grantor taxSeller
Washington1.1% to 3.0% (tiered by price; farm/timber 1.28% flat)Seller
West Virginia$1.10 per $500 (state) + $0.55 to $1.65 per $500 (county)Seller
Wisconsin$3.00 per $1,000Seller
WyomingNoneNo state tax

What closing costs does a land seller usually pay?

Most of a seller's costs fall into a short list. Which ones apply, and who pays, depends on state law, local custom and your purchase agreement.

  • Agent commission: only if you listed with an agent. Negotiable and set in the listing agreement.
  • Transfer tax or deed stamps: set by state law, sometimes with a county or city tax on top. See the table below.
  • Owner's title insurance: paid by the seller in many areas and by the buyer in others. In Texas, title premium rates are set by order of the Commissioner of Insurance.
  • Settlement, escrow or attorney fee: often split, or paid by one side under the contract.
  • Prorated property tax: you pay the tax for the part of the year you owned the land.
  • Liens and back taxes: paid off at closing from your sale money.
  • Recording fees: the cost to record the deed and any lien releases. County fees vary and are often small.
  • Survey or document fees: only if the contract puts them on you.

Who normally pays closing costs on a land sale?

The contract decides. State law sets who owes some taxes, and local custom shapes what buyers and sellers expect, but a signed purchase agreement can move almost any cost to either side.

Some states name the payer in law. Pennsylvania, for example, holds the grantor and grantee jointly and severally liable for its 1% state realty transfer tax, and custom splits it. Florida's documentary stamp tax on deeds is 70 cents per $100 of the price, except in Miami-Dade County, and the seller usually pays it.

When you sell to a cash buyer, read the line that says who pays closing costs. Many cash buyers pay them all, which makes the offer simpler to compare.

Does a land buyer pay a realtor's commission?

Usually not the seller's. The seller pays its listing agent under the listing agreement. A buyer who has its own agent signs a written agreement with that agent, and the buyer's agent may be paid by the buyer, or by the seller if the parties agree.

The National Association of REALTORS states that broker fees and commissions are fully negotiable and not set by law. If you sell directly to a land buyer with no agent on either side, nobody owes a commission. If your land is already listed, read your listing agreement first, since you may still owe a commission.

How much will I actually net after selling land?

Start with the price and subtract every cost and payoff. The title company can give you a seller's net sheet before closing, and the settlement statement at closing shows the final numbers.

When the money is wired to you, confirm the wiring instructions by phone at a number you already know. The CFPB says never to follow wiring instructions sent in an email.

  • Sale price
  • Minus agent commission, if any
  • Minus the seller's share of transfer tax
  • Minus the seller's share of title and settlement fees
  • Minus prorated property tax for the part of the year you owned it
  • Minus liens, judgments and back taxes paid at closing
  • Equals the amount wired or sent by check to you
  • Later: federal and state income tax on any gain

What taxes apply when I sell land?

Income tax is not a closing cost, but it changes what you keep. Federal tax applies to the gain, which is the price minus your basis and selling costs. Land held more than one year is usually taxed at long-term capital gains rates of 0%, 15% or 20%, per IRS Topic 409. Land held one year or less is taxed as ordinary income.

The person responsible for closing, usually the settlement agent, files Form 1099-S to report the sale. IRS instructions list improved or unimproved land as reportable.

If the seller is a foreign person, the buyer generally must withhold 15% of the amount realized under FIRPTA, per the IRS. General information, not legal or tax advice.

How do transfer taxes differ by state?

The table below lists each state's real estate transfer tax and who usually pays it. Some counties and cities add their own tax, so ask the title company for the exact figure. Each state links to our page on the costs of selling land there, such as Texas or Florida.

If your land has back taxes, see our guide on selling land with back taxes. If you inherited the land, see how inherited property is taxed when sold.

How EasyLotBuyer handles this

EasyLotBuyer was founded in 2021. When we buy your land, there are no fees or commissions and we pay closing costs. If the land has back taxes or liens, they are paid at closing from the sale, and the settlement statement shows every line. Closings go through an independent title company or attorney. We make a written cash offer within 24 hours, which you can compare with a listing.

Get a cash offer for your land

Questions sellers ask

Who pays closing costs when you sell land to a cash buyer?

The purchase agreement decides. Many cash buyers pay all closing costs, including title and settlement fees and sometimes the transfer tax. Others split them by local custom. Read the closing cost line before you sign, and ask the title company for a net sheet so you see what you will receive.

Does the seller pay transfer tax?

Often, but not always. In many states, such as Florida, Georgia and North Carolina, the seller usually pays. Tennessee and Vermont put it on the buyer, and Pennsylvania and Delaware split it. 15 states charge no state transfer tax. The contract can change who pays in many states.

Do I pay a realtor commission if I sell land myself?

No, not if no agent is involved and you have no listing agreement. Commissions are owed under a written agreement with an agent. If your land is listed, read the agreement, because you may still owe a commission if you sell during the listing period.

Are back taxes paid at closing?

Yes, in most sales. The title company pays unpaid property taxes and liens from the sale money at closing so the buyer gets clear title. The payoff appears on the settlement statement as a seller cost. You can sell land with back taxes as long as the sale closes before the county's tax process ends your rights.

Will the IRS know I sold land?

Yes, usually. The settlement agent files Form 1099-S to report the gross proceeds of the sale, and IRS instructions list unimproved land as reportable. You report the sale on your tax return and pay tax on any gain. Ask a tax adviser about your basis and any losses.

How much are closing costs on a land sale?

It depends on the state, the price and whether you use an agent. Without an agent, a seller's costs are mainly transfer tax, a share of title and settlement fees, prorated tax and any payoffs. With an agent, the commission is usually the largest cost. Ask the title company for a written estimate.