why do i need a realtor and an attorney to sell a house in massachusetts

Selling a home is a complex process that requires knowledge of and familiarity with local, state and federal laws. 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.

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Why do I need a real estate attorney in Massachusetts?

Mar 04, 2022 · Do I need a real estate attorney in Massachusetts? No, you don’t need an attorney to sell your house in Massachusetts. However, consulting an attorney can be a wise move to prevent legal complications. An attorney can explain all the documents required to sell your home so you can close with confidence.

Do I need a real estate attorney to sell my house?

The "closing or settlement of the types of real estate transactions described in the record require not only the presence but the substantive participation of an attorney on behalf of the mortgage lender, and that certain services connected with real property conveyances constitute the practice of law in Massachusetts." Outlines what constitutes unauthorized practice of law in …

What does a real estate attorney do?

2. 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. 3.

Do I need an attorney to close a real estate transaction?

If I have an attorney, do I need an agent or broker to sell my house? Whether you need an agent or broker depends on your comfort level with managing all of the listing, marketing and showing tasks. Having an attorney on hand if you’re selling for sale by owner (FSBO) can take some of the work off your plate and minimize anxiety related to tasks like contracts, negotiations and …

Do I need a real estate lawyer 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 you need an attorney for real estate closing Massachusetts?

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 sellers need an attorney in Massachusetts?

As a home seller in the state of Massachusetts, you have the option to hire an attorney to assist with the legal aspects of your home sale. Although hiring an attorney is optional, there are many benefits of doing so.Jul 27, 2018

Is Massachusetts an attorney closing state?

Several states have laws on the books mandating the physical presence of an attorney or other types of involvement at real estate closings, including: Alabama, Connecticut, Delaware, District of Columbia, Florida, Georgia, Kansas, Kentucky, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New ...

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

What does a real estate attorney do in Massachusetts?

The responsibilities of a Massachusetts real estate lawyer include reviewing the contract, negotiating repairs, and making other changes to the terms of the deal. A lawyer will also attend a closing, which is the final step in executing a real estate transaction to ensure that everything goes fairly and smoothly.Jan 8, 2020

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

You will have to list your house with a Massachusetts state licensed flat fee MLS real estate broker and offer a buyers agent commission but you still retain the right to sell FSBO.

Is Ma An attorney state for real estate?

Massachusetts is one of few so-called "attorney states" in the U.S. when it comes to real estate transactions. ... (In most other states, real estate matters can be handled by a real estate agent and a title company without an attorney's help.)

Can you buy a house in MA without a realtor?

Learn how to for sale by owner (FSBO) in Massachusetts. If you sell or rent your own Massachusetts home (single-family, condo, land, multi-family property) without the assistance of a real estate professional, you're known in the real estate industry as a For Sale by Owner or FSBO.

How long does it take to close on a house in Massachusetts?

Closing on a house takes 30 to 45 days from when your loan begins processing. And an hour or so on the day you sign the final paperwork.

Do I need a lawyer to refinance my mortgage in Massachusetts?

Lenders are required to be represented by an attorney in residential mortgage refinances. The borrower always pays the lender's attorney's fees. You should also have a real estate attorney to protect your interests.

Do you need an attorney to sell a house in NJ?

The simple answer is: No, you do not need an attorney to buy or sell a home in New Jersey. There is no legal requirement in New Jersey that an attorney must be involved in any stage of a real estate transaction.Nov 19, 2020