Buying or selling a home is a big deal, and the paperwork can feel like a second job. You want a fair price, clean paperwork, and no surprises after closing. At Jordan & White, LLC, we focus on protecting your interests in real estate and in the estate planning that often connects to a home purchase or sale.
Our goal in this article is simple: help you spot the moments when hiring a real estate attorney makes real sense in Massachusetts. We will walk through common scenarios and share how legal help can avoid headaches. If a move is on your horizon, this guide can save you time and stress.
Situations Where Hiring a Real Estate Attorney is Highly Recommended
Plenty of Massachusetts deals close with few bumps, yet the ones that go sideways tend to share familiar issues. In the moments below, a lawyer’s help can pay for itself quickly. You do not need to guess or hope; you can get clear guidance before signing.
State Law Considerations
Let us start with how Massachusetts handles closings. The state does not require an attorney for every residential deal, yet many lenders and title insurers rely on attorneys to manage closings and certify title. Having counsel keeps the legal pieces aligned with state rules and local practice.
An attorney also reviews documents like the Offer to Purchase and Purchase and Sale Agreement, and checks compliance with things like Title 5 for septic, smoke and carbon monoxide certificates, and recording procedures. That level of review can help you avoid fixable problems later. It also brings structure to a fast-moving process.
For Sale By Owner (FSBO) Transactions
FSBO can save commission dollars, yet it shifts a lot of legal work to the parties. Without a broker drafting forms or guiding steps, you want solid paperwork and a clear plan. A lawyer can cover the gaps and keep the deal moving.
In FSBO deals, an attorney can prepare or review core documents and filings such as:
- Offer to Purchase and Purchase and Sale Agreement with timelines and contingencies.
- Deed, transfer tax forms, and recording instructions.
- Seller disclosures, lead paint language, and smoke or carbon monoxide certifications.
Your attorney can also check the title, handle payoffs, and help with negotiations if an inspection or appraisal raises issues. Clear documents and a clean title give buyers and sellers confidence, which reduces last-minute delays.
Unrepresented Buyer Scenario
Some buyers rely on the listing agent to steer the ship, or they agree to dual agency. That setup can create a conflict of interest since one person is trying to serve both sides. Having your own attorney puts your goals first.
Your lawyer can review inspection results, adjust contract terms, and flag any financing or appraisal concerns that call for a tweak in the agreement. You will hear the plain truth about risks, not just what keeps the deal alive. That balance helps you make smarter choices.
Property or Deal Complications
Tricky property features tend to surface right before closing, which is the worst time to fix them. Clearing them early brings peace of mind. If any of the points below ring a bell, legal help is smart.
- Easements, shared driveways, or unclear rights of way.
- Boundary line disagreements or old survey issues.
- Foreclosure history, probate ties, or pending litigation.
- Unpermitted work or open building permits.
A lawyer can pull the right records, speak with the town or city, and write fixes into the contract. If a dispute pops up, you will be ready with options. That preparation helps keep your timeline intact.
Tax Implications
Home sales and purchases affect taxes in ways that catch people off guard. Sellers can face capital gains tax if they do not meet the home sale exclusion rules. Buyers often deduct mortgage interest and property taxes, which can lower the cost of ownership.
Here are a few topics to review with your attorney or CPA before closing:
- Primary residence exclusion rules and holding periods.
- Capital improvements tracking for basis.
- Points, prepaid interest, and escrow questions.
Getting a clear read on taxes helps you plan cash needs at the closing table. It also keeps surprises off your next return. A short call now beats a scramble later.
Planned Exterior Alterations
If you are dreaming of a new deck, fence, or addition, local rules can shape what is allowed. Condominiums, homeowner associations, and historic districts in Massachusetts often have strict design or placement rules. Skipping review can lead to stop orders or fines.
Your attorney can read the condo documents, bylaws, and town bylaws to show what is possible. We can also help you request approvals or variances when needed. That way, your plans match the rules from day one.
Title and Lien Review
Every good closing starts with a clean title. Old mortgages, tax liens, or unreleased attachments can block a sale or delay a purchase. Finding these early keeps your closing date steady.
An attorney can run a full title search, read the chain of ownership, and resolve problems with payoffs and releases. We also look for zoning or use issues that could affect your plans for the property. Small fixes now can spare big stress later.
Dispute Resolution
Even careful deals hit snags. Maybe the seller did not complete a repair, or the buyer missed a deadline. Unclear contract language can make tempers rise fast.
Attorneys can handle breach questions, escrow disputes, and talks over property defects. We aim to resolve the matter quickly so the transaction can move forward or unwind with clarity. Clear communication can save the deal or end it cleanly.
When Your Gut Says ‘Get a Lawyer’
Your instincts are a useful guide. If something feels unusual, or if a form looks off, pause and get advice. A quick review can protect you from a bad surprise.
Reach out if you are unsure that others in the deal are looking out for you. A short consult can put you back in control. Peace of mind is worth it during a six figure purchase or sale.
The list above covers common flashpoints. The chart below gives a quick view of who usually handles what at a Massachusetts closing. Use it to spot gaps before they grow.
| Task | Primary Role | What It Means for You |
| Draft or review Offer to Purchase | Buyer or Seller attorney | Protects timelines, contingencies, and deposit terms. |
| Draft or review Purchase and Sale Agreement | Attorneys for both sides | Sets the rules for inspections, financing, and repairs. |
| Title search and certification | Closing attorney | Confirms ownership and finds liens or encumbrances. |
| Deed preparation | Seller attorney | Transfers title properly, with correct legal description. |
| Payoffs and lien releases | Closing attorney | Clears old mortgages, attachments, and taxes. |
| Title insurance issuance | Closing attorney | Provides protection against covered title defects. |
| Smoke and carbon monoxide certificate | Seller, often with attorney guidance | Required by Massachusetts before closing. |
| Condo documents review | Buyer attorney | Checks bylaws, budgets, and certain assessments. |
| Recording at Registry of Deeds | Closing attorney | Makes the transfer official and public. |
| Escrow and closing funds | Closing attorney | Handles deposits, lender funds, and disbursements. |
If your deal falls outside these norms, that is a signal to ask questions early. Getting clarity can steady your timeline and costs. It can also help both sides keep trust during a busy move.
Contact Us Today for Assistance with Your Real Estate Needs
At Jordan & White, LLC, we focus on clear steps, steady communication, and a smooth closing. Whether you need a quick contract review or full closing support, we are ready to help. Your home deal matters, and we are here to protect what you have worked hard to build.
For those just getting started, schedule a Great Life Discovery Session™.
For those wanting to get organized, you can download the Estate Planning Launch Pad.
For those who already have a plan and want to review or adjust it, book a Keeping It Great Check-In™.
If you are buying or selling in Massachusetts, let us help you move forward with confidence. Feel free to call us at 978-744-2811 or reach us through our Contact Us page. We welcome your questions, even if you are early in the process.