FAILURE TO PROVIDE COMPLETED DOCUMENTS AND FORMS WILL CAUSE YOUR
DOCUMENTS TO BE REJECTED
It is the policy of the Erie County Clerk's Office to examine documents for recording and determine that the document is in recordable format. Even if a correctable defect or deficiency is discovered, the staff cannot change, alter, add to or eliminate any content of documents presented. Nor can our office assist in filling out any legal forms.
An original deed form must be completed, signed and notarized; all signatures must be original. You may wish to consult your attorney for assistance and/or to obtain a deed form. Forms can also be purchased at many legal supply stores or through the internet. The deed form must comply with New York requirements for the form of a deed, which include, but are not limited to: a legal description of the property and the names and addresses (P.O. Boxes are unacceptable) of all parties on the document. Please note that all acknowledgments require the following Uniform Certificate of Acknowledgment:
On the day of , in the year , before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.
And must be notarized by a Notary qualified in New York State, or must include a certificate of authentication (if notarized in a foreign country, except Canada) or a certificate that the acknowledgment conforms to the laws of the state in which the deed was acknowledged.
A "TP584 Tax Affidavit" must be completed and signed. The form is available in the Clerk's Office or can be downloaded from: http://www.tax.ny.gov/pdf/current_forms/property/tp584_fill_in.pdf
Instructions for TP-584 from NYS Tax:
A "Real Property Transfer Report" (RP 5217) form must be completed and signed. This form may be downloaded by clicking here.
The four-part paper copy is required for handwritten or typewriter entry of data and may be obtained from the Clerk's Office or by clicking here to order.
Please note that each Real Property Transfer Report (RP 5217) MUST be prepared by going to the link above, or directly to the New York Department of Taxation and Finance, and may not be saved to your computer for use on another transaction. The form contains a “bar code” to which particular information regarding the specific transaction is embedded for retrieval by the New York State Office of Real Property Services.
Instructions for completing the RP-5217 from NYS Office of Real Property Services:
The following fees [Transfer Tax] apply to these transactions:
- The seller is responsible for the New York State and the Erie County Transfer Tax due at the time of filing. The rate is a total of $4.50 per five hundred dollars of consideration [The New York State portion or the rate is $2.00; the Erie County portion is $2.50. Please note that in some instances relating to the transfer of previously unimproved property upon which a residence has been constructed, the transfer may be exempt from the Erie County portion of the rate. Please check with the Clerk's Office for details.]
- Senior Citizen Reduction:
- A reduction in the transfer tax from $4.50 per five hundred dollars to $2.00 per five hundred dollars is available to senior citizens aged 62 or older who own and occupy the property, which must be one or two family dwelling, for at least one year. Affidavits are available at no fee in the County Clerk's office to claim this exemption or by clicking on the link below:
- The fee for recording a deed, or any instrument required by statute to be recorded is $45.00, which includes fees paid to the Commissioner of Education, and for endorsement and cover page; and $5.00 for each one-sided page or portion of page recorded.
- The TP584 Tax Affidavit costs $10.00 and is required to be filed in duplicate.
- The Real Property Transfer Report form costs $125 for residential and qualifying farm property and $250 for commercial property.
The original deed will be recorded in our office and mailed back to you once the indexing information has been verified.
You may obtain a certified copy of your deed anytime by making your request in person at the Basement Record Room, Erie County Clerk’s Office, 92 Franklin Street, Buffalo, New York 14202 or by sending your completed Deed Request Request Form to the Erie County Clerk’s Office at the same address. Please enclose a check or money order payable to the Erie County Clerk for $10, your completed Deed Request Form, and a self-addressed stamped envelope and your daytime number in case there are questions.