who pays the attorney cost to sell a house in ma

by Raleigh Dickens 6 min read

In Massachusetts, there are five major closing costs typically paid by the seller: The real estate agent’s commission, usually 5% to 6% of the price of the home. The real estate attorney’s fee, usually between $800 and $1100. State excise tax stamps, set at roughly 0.456% of the price of the home.

Full Answer

Who pays closing costs in a Massachusetts home sale?

Aug 01, 2016 · Depending on the particulars of the transaction, the fee to do all of the above is generally in the range of $800 to $1100. Typically, the real estate attorney cost does not need to be paid until the closing and is deducted from your …

How much does it cost to sell a house in Massachusetts?

Sep 25, 2020 · In Massachusetts, you'll pay about 0.9% of your home's final sale price in closing costs, not including realtor fees. Keep in mind that this is only an estimate. While closing costs will always have to be paid, your real estate agent can …

How much does a real estate attorney charge to sell a house?

Oct 21, 2021 · Depending on who you hire, you can expect to pay anywhere from $150 to $500 an hour for a good attorney. You can also hire attorneys for flat fees for specific services. This can run anywhere from $800 to $1,500 when selling a home. Whether or not you decide to hire an attorney will depend on what state you live in and your particular circumstances.

Do you need an attorney to buy a house in Massachusetts?

Massachusetts Home Selling Costs Do you know all the costs involved in selling a house? In life surprises are great except when it costs you money! While selling thousands of Massachusetts homes over the last thirty plus years, I realized that many home owners do not realize all the costs involved with selling a home. The #1 closing cost for Massachusetts home sellers is the tax to …

image

Does a seller need an attorney at closing in MA?

In Massachusetts, the practice of closing transactions for buyers and sellers when there is a home loan is considered the practice of law; therefore, the settlement agent for any real estate closing involving a lender must be conducted by a licensed attorney.

Do I need an attorney to sell my house in Massachusetts?

There is no requirement that you hire a real estate lawyer in Massachusetts. But when selling a large asset, having proper legal protection and guidance is recommended. Typically, the buyer will have an attorney and the seller of a house should also have legal representation.

Do sellers pay closing costs in MA?

In Massachusetts, sellers' closing costs amount to approximately 0.5-2.8% of the sale price. These costs include taxes, paperwork, and other administrative work involved in transferring ownership from the seller to the buyer.Feb 1, 2021

Who pays recording fees in Massachusetts?

The county registry of deeds imposes fees for the recording of the deed ($125) and mortgage ($175) which the borrower pays. The borrower also paid recording fees for an “MLC” which is a municipal lien certificate and a declaration of homestead. The seller pays the fee for the release ($75).Feb 16, 2011

Do you need a realtor to sell a house in Massachusetts?

In Massachusetts, the average realtor commission rate is 4.00% to 6.50%. ... Selling without a real estate agent, known as listing For Sale By Owner (FSBO), is a viable option for experienced home sellers who are willing to put in the time and effort.Jan 1, 2022

Who prepares the purchase and sale agreement in Massachusetts?

1. The seller's agent or attorney will draft the Purchase and Sale Agreement (P&S). This is the more binding legal document that is the official contract to purchase the home.Oct 9, 2016

How much are closing costs in MA for buyer?

For most homebuyers in Massachusetts and New Hampshire closing costs will amount to between $4,000 and $8,000.Oct 17, 2015

How do I sell my house by owner in Massachusetts?

Follow These 10 Tips If You Are Selling A House In Massachusetts By OwnerScope Out the Competition (Be A Nosey Neighbor)Give Massachusetts Buyers What They Want.Analyze Massachusetts Real Estate Market Data for a Correct Listing Price.Make Sure Your Real Estate Photographs Don't Suck.More items...

Who usually pays closing costs?

buyerClosing costs are paid according to the terms of the purchase contract made between the buyer and seller. Usually the buyer pays for most of the closing costs, but there are instances when the seller may have to pay some fees at closing too.

Who pays transfer taxes in Massachusetts?

In MA, sellers take on the burden of real estate transfer taxes. The sum of MA real estate transfer taxes is calculated by the market value of the home and the tax rate of $4.56 per thousand. It is included as part of closing costs for sellers and is commonly required before the deed files.

Who pays 6d Certificate in Massachusetts?

The seller pays the recording fee, which is typically $75.00. If properly executed and recorded, the certificate discharges the unit from a lien arising out of unpaid sums.Nov 13, 2011

How much does it cost to change name on deeds of house?

Getting the name changed on your deeds is an easy process and you do not need to involve a solicitor. Generally there is no fee to pay either. You simply need to send a letter to the Land Registry office requesting the name change, together with either the original or a certified copy of your marriage certificate.

State requirements

It’s important to know whether your state is an attorney state or a title state. An attorney state, such as Massachusetts, requires the the involve...

Services

Real estate attorneys are qualified to handle all legal matters related to real estate, including disputes and transactions. They write and review...

Pricing

Attorneys usually charge by the hour, from $150 to $350. However, some real estate attorneys may have a fee schedule for certain services, such as...

Finding the right attorney

Ask your real estate agent to recommend an experienced, state-licensed real estate attorney, then do some online research. For example, if you’re b...

Why was the Stamp Act riot in Massachusetts?

Going back to our grade school history books, the Stamp Act Riot of 1765 came about when a tax needed to be paid for legal documents to be stamped with proof of payment of an excise tax.

What is a P&S in Massachusetts?

While the terms of the offer typically guide the transaction, the Purchase and Sale Agreement (P&S) is the binding legal contract that controls the transaction.

Do you need a smoke detector at closing in Massachusetts?

Massachusetts State Law requires sellers to present a Certificate at closing that the Smoke Detectors and Carbon Monoxide Detectors in your home meet with local and state regulations. These regulations are ever-changing in an effort to improve public safety so it is wise to bear this in mind when selling your home.

What is the goal of an attorney?

The goal is to prevent nuances in the contract that could result in surprises, unnecessary problems and delays. It is the job of your attorney to help you avoid those frustrations as much as possible, to ensure that your sale reaches a successful conclusion, and to protect your interests at all times.

How much does a real estate agent charge to sell a home?

Should you decide to retain a Real Estate Agent to sell your home, you can expect to a pay a fee usually ranging from 5% to 7% for a full-time professional real estate brokerage fee. This fee includes the marketing of your home, etc etc.

What to expect when selling a home in Massachusetts?

Here are some key takeaways that sellers in Massachusetts should keep in mind when selling their home: 1 Closing costs vary: Homeowners in Massachusetts can expect to pay up to 4% in closing costs when selling their home — however, this figure can be affected by many factors. 2 A licensed attorney must oversee real estate closings: Massachusetts law states that a real estate attorney must execute real estate transactions. 3 Real estate commission is additional: Commission is not included in closing costs but should be budgeted for and will be due on closing day.

What are closing costs in Massachusetts?

Closing costs are the costs incurred by buyers and sellers during a real estate transaction and can vary significantly. Sellers in Massachusetts can expect to pay from 2% to 4% of their home's total sales price in closing costs. This includes fees levied by the state, such as excise taxes, real estate lawyer's costs, ...

How is title insurance calculated in Massachusetts?

Title insurance in Massachusetts is calculated incrementally based on the sale price of your home , and can, therefore, vary significantly. The higher your property value, the higher the cost of title insurance.

Is closing cost lower for cash buyers?

Closing costs for buyers are tightly related to the financing of their home and are therefore lower for cash buyers. Here is a list of the typical closing costs for buyers in Massachusetts:

What is closing day?

Put simply, closing day is when all required legal documents are signed and money changes hands. Massachusetts law states that a real estate attorney must preside over residential real estate closings, however, other real estate professionals also typically assist them during the process.

What is the property tax rate in Massachusetts?

Property taxes in Massachusetts are set locally by the cities or towns, but rates generally fall between 1% and 2%. The state's average effective tax rate is 1.22%, which is higher than the national average of 1.08%.

How much does a termite inspection cost?

According to HomeAdvisor, a termite inspection costs up to $280 and must be paid for by the seller on behalf of the buyer. Finally, the single most substantial closing cost that sellers need to consider is the real estate agents’ commissions.

What to do when selling a house with tenants?

You will also want to contact an attorney if you are selling a property that has tenants. There are a myriad of local and state laws when it comes to tenants rights.

What can a real estate attorney do?

A real estate attorney can help you through all of the paperwork required to make the sale. He or she usually comes in after you have determined the selling price and terms of the sale. Even in states where you are not required to hire a lawyer, you may want an attorney to look over the contract.

How to stop foreclosure?

They may be able to find a way to stop foreclosure through an injunction. You may also want to hire an attorney if you are going through a divorce or separation. The attorney can help you negotiate the sale with an uncooperative partner.

What are the laws regarding tenant rights?

There are a myriad of local and state laws when it comes to tenants rights. Most have legal requirements that you must meet (and notices that you must provide to tenants) before tenants have to vacate. The last thing that you want is a legal entanglement due to your rental unit.

What does a clever partner agent do?

After all, no one wants a dispute over a home sale to end up in court. A Clever Partner Agent can help you determine if and when you need an attorney. He or she will also be able to suggest reliable legal resources and refer you to a lawyer that you can depend on.

What is the Massachusetts real estate commission?

Massachusetts Real Estate Commission. Real Estate commissions are of course the biggest expense when selling a home. It should be emphasized that commissions are not set in stone and can be negotiable from one brokerage firm to the next. An individual Realtor in one company may have a different rate from another.

How much does it cost to inspect a smoke detector in Massachusetts?

The charge for inspecting the smoke and carbon monoxide detectors is typically around $25-$100.

Who is Bill Gassett?

The above Real Estate information on Massachusetts home selling costs was provided by Bill Gassett, a Nationally recognized leader in his field. Bill can be reached via email at [email protected] or by phone at 508-625-0191. Bill has helped people move in and out of many Metrowest towns for the last 33+ Years.

Can a realtor give legal advice?

Keep in mind it is illegal for a Realtor to be giving legal advice.

What is a title V in Massachusetts?

Massachusetts Title V. The Massachusetts Title V is a home sale expense every seller in Massachusetts has to pay unless they are serviced by public sewer. It is a state law that a Title V must be completed upon the transfer of Real Estate unless there is no mortgage.

How much does it cost to get a new deed in Massachusetts?

The preparation of a new deed is usually $100-$150 and is done by the attorney representing you or possibly the lenders lawyer if you do not have legal representation.

Why do you need an attorney for real estate?

An attorney helps you protect your investment and assets while ensuring you’re conducting your side of the transaction legally — which can prevent costly missteps. Real estate attorneys are required in many states, but even if you aren’t legally required to use an attorney while selling, it can be a good idea.

What is a real estate attorney?

Real estate attorneys help oversee home sales, from the moment the contract is signed through the negotiating period (aptly called the “attorney review”) to closing. A seller’s attorney reviews sales contracts, communicates terms in a professional manner and attends closings to prevent mishaps. Selling a home is a complex process ...

How much does a real estate attorney charge?

How much does a real estate attorney cost? How much you’ll pay for real estate attorney fees depends on your market and how involved they are in the transaction, but they typically charge a flat rate of $800 to $1,200 per transaction. Some attorneys charge hourly, ranging from $150 to $350 per hour.

Do you need an attorney for a closing?

In 21 states and the District of Columbia, attorneys are legally required as part of the closing process. Attorney-required states include: As a best practice, if the other party in your transaction has a lawyer representing them and supporting their best interests, you should too.

What to do if you inherited a home?

An attorney can help you navigate the complexities. Estate sale: If you inherited the home you’re selling, hiring an attorney to sort through ownership documents can ease the burden, which is especially helpful when you’re grieving the loss of a family member.

What is the job of a home inspector?

Their job is to make sure the buyer knows about everything that may need to be repaired on the home. Sellers also sometimes hire an inspector to do a pre-inspection so they can make any necessary repairs before putting the house on the market.

What states require a real estate attorney?

An attorney state, such as Massachusetts, requires the the involvement of a real estate attorney in the purchase, sale and closing of a house. In a title state, such as California, a real estate attorney is necessary only when there are legal disputes to settle.

How much does a real estate attorney charge?

Attorneys usually charge by the hour, from $150 to $350. However, some real estate attorneys may have a fee schedule for certain services, such as preparing real estate closing documents. For example, real estate attorney John I. O’Brien in Wakefield, Mass., charges the same closing fee regardless of the cost of the house.

Can you limit the number of hours an attorney can spend on a transaction?

As the client, you can set limits on the number of hours your attorney spends on your transaction. Write into your retainer agreement the number of hours you expect to work with the attorney, so you can avoid an open-ended number of billable hours. Many attorneys offer a free or discounted consultation before agreeing to a contract.

What does a real estate attorney do?

A real estate attorney can help clients who need to back out of a contract.

Why do sellers do pre inspections?

Sellers sometimes decide to do a pre-inspection for a better sense of what the buyer’s inspector will find and the chance to make any important repairs before listing. A pre-inspection costs the same amount as a buyer’s inspection.

What is transfer tax?

Transfer tax. If you’ve bought or sold a home before , you know the financial details are much more complex than just the listing price. From inspections to agent fees and everything in between, both buyers and sellers hold financial responsibility for transaction expenses and closing costs — and knowing who pays for what can help ensure ...

How much does a home inspection cost?

Cost: The average home inspection costs between $250 and $700. Sellers sometimes decide to do a pre-inspection for a better sense of what the buyer’s inspector will find ...

Who pays for title insurance?

Both the buyer and seller pay for title insurance, but each type is slightly different. The seller pays for the title insurance coverage for the buyer, and the buyer pays for the title insurance policy for their lender. In general, title insurance ensures the home is “free and clear” and that no third party has an unknown claim to the property.

Does the seller pay for a home warranty?

The seller pays for a home warranty. It’s often offered as an incentive to attract buyers, but it’s not required. Offering a home warranty gives the buyer assurance that they won’t have to pay any huge repair bills soon after moving in — most policies are good for a year.

Why is title insurance important?

It’s important for the buyer to have, because it protects them from legal or financial damages if another party were to try and claim ownership over the home in the future, after they purchase the home.

How much does title insurance cost?

Cost: Lender’s title insurance coverage costs between $500 and $1,000.

image

Who Pays Real Estate Commission?

Image
Sellers pay real estate commissions, which typically total between 5% to 6% of the sale price. This amount is paid to the listing agent, who then shares roughly half with the buyer’s agent. Cost:On a $200,000 home, a full-service real estate commission would cost the seller $10,000-$12,000. Each agent would receive $5,…
See more on zillow.com

Who Pays Escrow Fees?

  • Escrow fees are typically split 50-50 between buyer and seller. Escrow fees cover the services of an independent third party to conduct the closing and manage funds during the transaction. Cost:Usually 1% of the purchase price. On a $200,000 house, that’s $1,000 for the seller and $1,000 for the buyer. Note that this does not include the actual money being held in your escrow …
See more on zillow.com

Who Pays For The Home Inspection?

  • The buyer pays for a home inspection if they choose to conduct one. Inspections are meant to protect the buyer from any hidden defects in the home that could impact the home’s value, cost a lot of money to repair or make the home unsafe to live in. Cost:The average home inspection costs between $250 and $700. Sellers sometimes decide to do a pre-inspectionfor a better sens…
See more on zillow.com

Who Pays For The Appraisal?

  • Buyers cover the cost of the home appraisal, which is usually required by their lender if they will be taking out a mortgage to buy the home. Even if it isn’t required, buyers sometimes complete appraisals for peace of mind that they’re making a smart investment and not overpaying. Cost:The average cost of a home appraisal nationally is $350.
See more on zillow.com

Who Pays For A Land Survey — Buyer Or Seller?

  • The home buyer pays for a land survey, if they request one. Considered due diligence (much like a home inspection), a land survey lets the buyer know the details of the exact property they’re purchasing, including property boundaries, fencing, easements and encroachments. Cost:The average price is around $550, but it can vary depending on property size, shape and location.
See more on zillow.com

Who Pays For Title Insurance?

  • Both the buyer and seller pay for title insurance, but each type is slightly different. The seller pays for the title insurance coverage for the buyer, and the buyer pays for the title insurance policy for their lender. In general, title insurance ensures the home is “free and clear” and that no third party has an unknown claim to the property.
See more on zillow.com

Who Pays For A Home Warranty — Buyer Or Seller?

  • The seller pays for a home warranty. It’s often offered as an incentive to attract buyers, but it’s not required. Offering a home warranty gives the buyer assurance that they won’t have to pay any huge repair bills soon after moving in — most policies are good for a year. They typically cover the home’s major systems, including plumbing, electrical and appliances. Cost:A one-time cost of be…
See more on zillow.com

Who Pays Real Estate Transfer Taxes?

  • The seller is responsible for paying any real estate transfer taxes, which are charged when the title for the home is transferred from the old owner to the new owner. Transfer taxes can be levied by a city, county, state or a combination. Cost:Transfer tax costs vary dramatically in different parts of the country and can even vary from one city to its nearby suburbs. And rates can fluctuate over t…
See more on zillow.com