Massachusetts Real Estate Attorneys


Massachusetts Real Estate Attorneys

What Is A Massachusetts Real Estate Attorney?

Massachusetts real estate attorneys are attorneys that specializes in MA real estate law.

They may offer legal advice for transactions involving the following:

  • renting real estate in Massachusetts
  • property closings in Massachusetts
  • property tax appeals in Massachusetts
  • property zoning in Massachusetts
  • buying real estate in Massachusetts
  • selling real estate in Massachusetts
  • leasing real estate in Massachusetts

They may also offer services such as dispute resolution. These types of disputes may arise due to conflicted opinions of property boundaries or contractual disputes between the buyer and seller of real property.

A Massachusetts real estate lawyer, along with a Massachusetts real estate agent, can guide you through the process of buying and selling a home or commercial property in Massachusetts.

A new home or even raw land can be a significant investment in Massachusetts and having the proper legal advice will make your real estate transaction go smoothly.

When Should You Get A Real Estate Attorney In Massachusetts?

It is recommended that any time you buy, sell, or transfer property in Massachusetts that you have qualified Massachusetts real estate attorneys represent you during the real estate transaction and closing.

Do I Need An Attorney To Lease My Property In Massachusetts?

It is recommended that you have a Massachusetts real estate attorney provide you with proper leasing or rental contracts. If you intend to lease or rent property in Massachusetts a proper rental contract is a must have.

A properly drafted lease or rental agreement in MA can safeguard and provide to you monetary compensation from physical damage to property that may be caused by a renter.

Is There A Difference Between Leasing And Renting Property In Massachusetts?

Simply stated a lease is normally used for long term contracts for those whom may wish to stay in the property for a matter of multiple months or years. Rentals are normally for shorter periods of times such as a few weeks to a month or two.

You can think of it as the difference between renting an apartment for a year as opposed to renting a vacation home for a short amount of time.

Do You Need A Real Estate Attorney To Buy A Home In Massachusetts?

Massachusetts law does not require you to hire Massachusetts real estate attorneys to buy a home. However, with that being stated, having an attorney representing you throughout the home closing process is to your best interest.

Massachusetts Is A Disclosure State.

Massachusetts state law requires all sellers of residential property, to disclose to potential buyers the presence of lead paint required by the Massachusetts Lead Paint Statue and the presence of a septic system, MA Environmental Code. Consider MA to be a buyer beware state. It is highly recommended that you have a professional home inspection performed by a qualified individual.

Having a MA attorney represent you at closing may be the difference between buying that 3 acres of pristine land home and buying that 3 acres of land and home that is heavily contaminated with lead paint.

How Much Do Massachusetts Real Estate Attorneys Charge?

This fee may be dependent upon the cost of the property and how your chosen MA attorney bills for services. The fee may differ depending on if the property is commercial property or residential property.

Two of the most common real estate fee schedules in Massachusetts are as follows:

  • An hourly fee : This fee is going to be based on your location and the experience of the attorney.
  • A set fee : This fee is going to be based on the value of the property being purchased. It is normally derived as a percentage of the sells price.

Who Does A Massachusetts Real Estate Attorney Represent?

Massachusetts real estate attorneys may represent either the buyer or the seller.

As a buyer the attorney will review all the documents pertaining to the sell. Being sure that the buyer is receiving what they are paying for clear of all liens or encumbrances.

This is normally accomplished by doing a title search to be sure the seller is the actual owner of the property and has the legal right to sell the property.

As a seller the real estate attorney can help you by reviewing you sells documents and assuring that the financial obligations of the buyer are fulfilled at closing.

When a home mortgage is involved there may be several different attorneys involved in the property closing. One may be representing the mortgage lender, one the seller, and one for the buyer. As you can see real estate transactions can at times be complicated.

Is Title Insurance Required In MA?

Some Massachusetts real estate attorneys may recommend that you purchase title insurance in MA on a given piece of property. Title insurance may be required for real estate that is secured by a mortgage.

Title insurance is an insurance policy that may pay you the value of the property if years down the road it is found that the seller did not have good title to the land. More information about title insurance in Massachusetts can be found here.

Who Pays For Title Insurance In Massachusetts?

Title insurance may be a cost to the buyer or seller depending upon the stipulations in your real estate sales agreement.

What Is A Massachusetts Real Estate Sales Agreement?

The Massachusetts real estate sales agreement or contract lays out the obligations of all parties involved in the real estate transaction.

Who Pays The Closing Cost For A Real Estate Transaction In Massachusetts?

Closing cost may be paid by the buyer, the seller, or a combination of both depending upon the sales agreement. Typically closing cost are broken down into two categories, the buyers and the sellers.

Buyers Closing Cost In Massachusetts :

Home inspection
Underwriting fees
Title/Deed recording fees
Title search fees
Title insurance
Appraisal fee
Origination fee
Escrow fee
Credit report fee
Attorney fee

Sellers Closing Cost In Massachusetts :

Transfer fees
Recording fees
Escrow fees
Mortgage fees
Title Insurance
Property taxes
Utility bills
HOA fees

As you can see from above there are a variety of fees that may be involved with your Massachusetts real estate transaction. However, with that being stated, all of the fees above may not apply to your particular situation. When paying with cash instead of receiving a home loan the fees are less expensive.

How Do I Find A Good Massachusetts Real Estate Attorney?

Finding good Massachusetts real estate attorneys is not as hard as one may think. You can start right here on this site. If one is not available then reach out to your circle of friends, family members or business acquaintances. If your working with a Massachusetts real estate agent you may wish to ask them if they have any recommendations.