Real Estate Law

We also know that our office cannot substitute for the competent tax advice of an accountant and thus advise our clients to obtain tax advice prior to entering into any real estate transaction. When situations can get urgent with properties coming onto the market or competing bids, I am available to give independent legal advice. The more the purchase price, the more the real estate broker will be paid. We want you to listen to the advise given here and as stated in the standard form Offer to Purchase: “Consult an attorney before signing.” Our office represents clients in a variety of real estate transactions, including purchases, sales, mortgaging, family transfers, transfers involving probate, title examinations, 1031 tax free exchanges, title disputes, and as title insurance agent for owner’s and lender’s title insurance. It is my mission for clients to be informed and to give their case the importance that is expected. We try to make the whole process simple and smooth. Representation of a Seller can and should start before any legal document is signed. Our representation will include advice on negotiation of the terms of the sale. We advise Sellers on their obligations to make disclosures, what warranties not to make and how to anticipate problems with such items as the septic system, water quality, and code compliance. As your attorney, we would be available to consult with you on the listing agreement, disclosures, and offer to purchase. We would draft the Purchase and Sale Agreement and take whatever steps are necessary to start clearing encumbrances on the title, checking for and closing out any outstanding building permits, and resolving any issues that may arise before closing. We obtain payoff figures and adjustments for taxes, fuel and any homeowner’s association or common charges and prepare the Deed, 1099, Non-foreign, affidavits and other seller documents. We confirm the calculation of deed stamps, recording fees, broker’s fees, and other seller expenses and coordinate the passing of funds and documents at the closing. Most times we are able to prepare for our closings in advance so on the day of the closing the attorneys meet to exchange already signed documents and transfer the agreed upon funds. We attend the closing prepared with a power of attorney to sign any last minutes documents and ensure the correct funds are made available to our clients on the day the deed is recorded. Representation of a Buyer is a more involved process of protecting our client’s interests. We ask to be involved prior to anything being signed so we can advise in the negotiations, resolve issues revealed by inspections, tests and surveys for the uses desired of the land and building. We work with the Lender and Seller’s counsel to assure all problems are found and cleared up before closing and the Buyer gets good and clear marketable title. It is important that your interests are represented by legal counsel. A mortgage lender’s counsel is not representing your interests. We can, however, be approved to represent your mortgage lender as well as your interests so long as there is no conflict between you and your lender. For example, the lender’s counsel would not be involved in the home inspection report, minor details of the property, the first time home buyer’s exemption from the Nantucket Islands Land Bank or other concerns that you as a Buyer should know before you close. We provide or counsel you on insurances such as title, homeowner’s, rent loss, and condominium/personal property. We will advise you on the Massachusetts Homestead Declaration Act to protect equity in your primary residence from future creditors. Because it is a wonderful experience representing first time home buyers, there are significant discounts we are able to provide. Representation of a Lender that will finance your primary, secondary or vacation home, whether located in Massachusetts or your home state is also a service often performed by this office. We can facilitate escrow and settlement services in any state through the title insurance companies we are affiliated with. The right lender makes the difference, particularly if you have property in the name of an entity or is used as part of your estate planning. However, before agreeing to any one lender, please give our office a call for advice on what loan packages, terms and rates and which lenders are available. We have decades of experience in the closing practices used by most mortgage lenders in Massachusetts.