§ 34-15-105

(a) A document that conveys real estate may not include a provision that requires a subsequent grantee or grantor to pay a transfer fee to convey the real estate, except a document that conveys real estate may include a provision that requires a transfer fee if the fee is (1) a loan assumption fee or similar fee charged by a person holding a lien on the property; or (2) a fee or commission paid to a licensed real estate broker for brokerage services. (b) In this section, 'transfer fee' does not include (1) a tax, assessment, fee, or charge imposed by a governmental authority; (2) a recording fee; (3) a fee payable to a nonprofit, mandatory homeowners' association, condominium association, or cooperative under an applicable declaration or covenant; or (4) a fee payable to an organization described in 26 U.S.C. 501(c)(3) or (c)(4) (Internal Revenue Code) used exclusively for cultural, educational, charitable, recreational, environmental, conservation, or similar activities that benefit the real estate conveyed. (c) A provision that violates this section is void.

(a) A document that conveys real estate may not include a provision that requires a subsequent grantee or grantor to pay a transfer fee to convey the real estate, except a document that conveys real estate may include a provision that requires a transfer fee if the fee is (1) a loan assumption fee or similar fee charged by a person holding a lien on the property; or (2) a fee or commission paid to a licensed real estate broker for brokerage services. (b) In this section, 'transfer fee' does not include (1) a tax, assessment, fee, or charge imposed by a governmental authority; (2) a recording fee; (3) a fee payable to a nonprofit, mandatory homeowners' association, condominium association, or cooperative under an applicable declaration or covenant; or (4) a fee payable to an organization described in 26 U.S.C. 501(c)(3) or (c)(4) (Internal Revenue Code) used exclusively for cultural, educational, charitable, recreational, environmental, conservation, or similar activities that benefit the real estate conveyed. (c) A provision that violates this section is void.