A real estate lawyer is a licensed attorney who represents buyers, sellers, and lenders in property transactions, handling contracts, title searches, closings, and dispute resolution. In Massachusetts, where state law requires an attorney at all residential closings, working with an experienced real estate lawyer is both a legal requirement and a practical safeguard.
In many real estate matters, you may want to hire a real estate lawyer or be required to do so. This may leave you asking, what is a real estate lawyer, and what does a lawyer do in a real estate transaction? We will answer these questions and discuss the benefits of working with an experienced real estate attorney when purchasing property in Massachusetts.
Key Takeaways
- Massachusetts is an attorney-closing state, meaning a licensed real estate lawyer must be present at every residential closing — it is a legal requirement, not just a recommendation.
- A real estate lawyer handles title searches, reviews purchase and sale agreements, manages escrow, and ensures the deed transfer is free of liens, encumbrances, and recording errors.
- Attorneys represent buyers, sellers, and lenders in both residential and commercial transactions, with responsibilities that vary depending on which party they represent.
- Real estate attorneys resolve title defects including unpaid taxes, boundary disputes, and outstanding liens before closing to protect your investment.
- BMK Legal’s real estate attorneys serve clients across Greater Boston and the South Shore from offices at 44 School Street, Boston and 132 North Street, Hingham.
Real estate lawyers represent buyers, sellers, or lenders. Massachusetts requires a lawyer to be present at real estate closings.
What Does a Real Estate Lawyer Do?
A real estate lawyer manages every legal step of a property transaction, from reviewing the purchase contract to attending the closing and resolving any title defects that emerge before the deed transfers. It mediates real estate transactions, including both residential and commercial properties.
Real estate transactions are not simple. Purchasing a home or commercial property can be lengthy and include negotiations, inspections, contract drafting and revisions, mortgage documents, and more. From negotiating the terms of the sale to reviewing all necessary paperwork and information regarding the transaction, experienced real estate attorneys guide you through the process and provide legal advice throughout. Your attorney represents your interests and always works to help achieve your goals and benefit your transaction.
Hire a real estate lawyer to ensure legal compliance, review documents, draft contracts, resolve disputes, and avoid costly mistakes. In some U.S. states, closing a home sale requires one by law.
Massachusetts General Laws Chapter 183 governs the recording of deeds and mortgages in the state’s county registries, including the Suffolk County Registry of Deeds and the Norfolk Registry of Deeds. Massachusetts also follows the Conveyancing Standards published by the Real Estate Bar Association for Massachusetts (REBA), which define title examination requirements and closing procedures. An attorney familiar with these standards ensures your transaction meets all recording and compliance requirements.
What Does a Real Estate Attorney Do for a Seller?
A real estate attorney for a seller drafts and reviews contracts, ensures legal compliance, and resolves title issues. They handle disclosures, correct defects like liens, and represent the seller’s interests throughout the transaction, including closing.
What Does a Real Estate Attorney Do for a Seller or Buyer?
The duties and services of a real estate attorney may vary depending on which party they represent. The following are some general responsibilities that attorneys may perform in a real estate transaction.
Explain your legal rights
Most people purchasing a property do not live and breathe real estate’s legal terminology and legalese. A real estate attorney’s most important role is explaining your legal rights and options. They can answer your questions and review the pros and cons of dealing with certain issues. They can indicate the laws relevant to your situation, indicate the best option, and describe why. Ultimately, you still retain the final word and decision-making power, but you will be more informed after discussing it with your attorney.
Negotiate the deal
A real estate attorney conducts due diligence and ensures that proposed terms align with your interests. They can negotiate the terms and conditions if they might be detrimental to your position or if they omit necessary information. Attorneys can also advise whether the transaction meets state and federal regulations.
Conduct title searches
A title search is a step in a real estate transaction to ensure that:
- The seller has the legal right to transfer the property to the buyer;
- No liens are on the property;
- There are no issues impacting the buyer’s ability to possess the property;
- No restrictive covenants or zoning restrictions are limiting the use of the property; and
- No taxes are outstanding on the property.
Real estate attorneys perform title searches to confirm a clean title and provide the report to the seller and their attorney.
Reviewing and drafting contracts
Massachusetts real estate transactions typically involve a Purchase and Sale Agreement (P&S), a deed transfer, escrow arrangements, and a review of any recorded easements or encumbrances on title. Your attorney ensures that closing costs are accounted for, that the deed is properly executed, and that the transaction closes without unresolved liens or title defects.
Manage and resolve disputes
Disputes commonly arise during real estate transactions. Conflicts occur between buyers, sellers, lenders, and others. Attorneys can help negotiate, mediate, and litigate real estate disputes and protect their client’s interests.
BMK Legal Can Be Your Trusted Real Estate Lawyers
BMK Legal represents buyers, sellers, and lenders in Massachusetts real estate transactions, with attorneys based in Boston and Hingham who handle residential and commercial closings throughout the state. Whether you are just beginning to consider a home purchase or midway through purchasing a development property, BMK Legal is ready to help guide you and close the deal. Our firm has decades of experience navigating the complex real estate industry and closing deals for our clients. BMK Legal attorneys have in-depth knowledge of the legalities that impact a real estate transaction and stay current with ever-evolving laws and regulations. Our team is well-connected and respected with various local lenders, appraisal companies, title companies, banks, and real estate professionals.
We pride ourselves on providing clients with tailored strategies and support for their unique real estate needs. Our team will also ensure that we protect your interests throughout the process and mitigate risks. Contact BMK Legal today to learn how we can help with your real estate transaction.
Frequently asked questions:
What does a real estate attorney do for a buyer in Massachusetts?
A real estate attorney for a buyer reviews the purchase and sale agreement, conducts a title search to confirm clear ownership, examines mortgage documents, and attends the closing to ensure the deed transfer is legally valid. In Massachusetts, buyers are required to have an attorney present at closing, making legal representation an essential part of every home purchase.
How much does a real estate lawyer cost in Massachusetts?
Real estate attorney fees in Massachusetts vary by transaction type and complexity. Residential closings typically involve a flat fee ranging from several hundred to over a thousand dollars, while commercial transactions or disputed matters are usually billed hourly.
Do you need a real estate lawyer to buy a house in Massachusetts?
Yes. Massachusetts is an attorney-closing state, meaning a licensed attorney must conduct the closing on every residential real estate transaction. This is not optional — lenders and title companies require attorney involvement before funds are disbursed and the deed is recorded.
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