Buying a Home in Massachusetts. Should I Include a Lawyer?
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Since all real estate home buying in Massachusetts involves transactions with legal issues and tax consequences, it is smart to seek the help of an attorney. Real estate attorneys specialize in the practice of real estate law. Real estate attorneys represent clients involved in home buying and home selling. They also represent landowners.
Home buying in Massachusetts takes careful preparation and understanding of the home buying process to avoid and eliminate as much risk as possible and to make sure the process is a smooth one. Using a real estate attorney will help protect your interests.
Purchase and Sale Agreement
When you find a home to buy in Massachusetts, you will make an offer and then follow that by signing a purchase and sale agreement. It is important to have a real estate attorney involved in negotiating contract deadlines and add terms in the agreement that are favorable to your interests. The purchase and sale agreement is a very important contract that deals directly with the rights and responsibilities of the Buyer and the Seller. A Massachusetts real estate attorney can answer legal or tax questions or address any concerns you may have.
A Massachusetts real estate attorney or title company will review the legal title of the property you are buying to make sure there are no title issues such as liens, encumbrances or clouds on the title, and that the property has clear title. Title insurance will protect you against defects in the title or disputes that may arise after you close the transaction. It insures for past problems or errors in the chain of title to the property, for undiscovered liens or encumbrances and reimburses you for your loss and attorney’s fees up to the face amount of the policy. The loss might include missing or forged signatures, missing discharges, an heir claiming title or other problems. The real estate attorney can also advise you on how to hold title for tax and estate planning purposes.
Buyers who work with a real estate attorney early in their home buying process may encounter less legal problems down the road than buyers who buy a home without seeking legal advice. Home buyers must understand the legal documents involved with the home buying process when they are dealing with lenders, Realtors and sellers. An attorney can guide you through the process and help protect your legal interests. It is recommended that you consult with a real estate attorney when you are home buying in Massachusetts.