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Legal Definitions - closing costs
Definition of closing costs
Closing costs refer to the various fees and expenses that parties must pay to finalize a significant transaction, separate from the primary purchase price or principal amount of the deal itself. These costs typically arise at the very end of a transaction, often referred to as "closing," and cover administrative, legal, and other services necessary to complete the transfer of ownership or agreement.
Example 1: Refinancing a Mortgage
Imagine a homeowner decides to refinance their existing mortgage to secure a lower interest rate. Even though they are not buying a new home, they will still encounter closing costs. These might include a loan origination fee charged by the new lender, an appraisal fee to assess the home's current value, a title search update fee to ensure there are no new liens on the property, and potentially attorney fees for reviewing the new loan documents.
These fees are closing costs because they are distinct from the principal amount of the new loan and are necessary to finalize the refinancing agreement and legally update the mortgage terms.
Example 2: Selling a Small Business
Consider an entrepreneur who sells their successful local coffee shop to a new owner. At the point of sale, the seller might incur legal fees for drafting the sales agreement and transferring assets, accounting fees for final financial audits and tax implications, and potentially a broker's commission for facilitating the sale. The buyer might pay for specific due diligence reports or permit transfer fees.
These expenses are closing costs because they are separate from the agreed-upon purchase price of the coffee shop itself but are essential for legally completing the transfer of ownership and operations.
Example 3: Signing a Commercial Lease
A startup company secures a new office space in a commercial building with a multi-year lease agreement. While there's no "purchase price" for the property, the startup might incur fees at the lease signing. These could include a lease preparation fee charged by the landlord's agent, legal fees for their own attorney to review the complex lease terms, and potentially a broker's commission if they used a commercial real estate agent to find the space.
These are closing costs because they are one-time fees paid at the finalization of the lease agreement, distinct from the ongoing monthly rent, and are necessary to legally secure the occupancy of the office space.
Simple Definition
Closing costs are the various fees and expenses incurred by parties when finalizing a transaction, separate from the agreed-upon purchase price. These costs are typically paid at closing and can be substantial, often ranging from 2-5% of the purchase price in real estate deals. While common in real estate, similar costs can arise in other large business transactions.