LaFountain & Wollman, P.C. represents residential property buyers in Middlesex County, the Boston metro area, and throughout Massachusetts, from the initial offer through closing and beyond. We review proposed terms, negotiate the Purchase and Sale Agreement, address inspection and financing concerns, examine title, and help complete the legal transfer of ownership.
The terms you accept early in a home purchase can affect your deposit, deadlines, and ability to leave the transaction. Early legal review can identify unfavorable terms, unclear obligations, and missing protections before they create delays or place your deposit at risk.
How We Protect You Throughout Your Home Purchase
When you work with our firm, you receive:
- Direct guidance from a Massachusetts real estate attorney
- Review of the Offer to Purchase and Purchase and Sale Agreement
- Clear explanations of deadlines, contingencies, and legal obligations
- Coordination with brokers, lenders, inspectors, and closing professionals
- Continued support if an ownership or title problem appears after closing
We represent first-time buyers, experienced homeowners, investors, and others purchasing houses, condominiums, and residential property.
When Should You Contact a Real Estate Attorney?
The best time to contact an attorney is before signing an Offer to Purchase. Although an offer is shorter than the final Purchase and Sale Agreement, it may become a binding contract when accepted by the seller.
Some offers include an attorney-review contingency that allows a limited period to propose changes. This protection is not automatic in Massachusetts, and the contingency’s language determines whether an attorney may revise, disapprove, or terminate the agreement.
A broker can assist with preparing an offer but cannot provide legal advice unless the broker is also a licensed attorney. We review the proposed terms, explain their effect, and identify provisions that may put your deposit or purchase at risk. Our broader residential real estate services allow us to consider concerns that extend beyond the contract itself.
What Does the Offer to Purchase Cover?
The Offer to Purchase establishes the initial structure of the transaction. It commonly identifies the purchase price, initial deposit, inspection period, financing deadline, date for signing the Purchase and Sale Agreement, and anticipated closing date.
The offer may also address terms specific to the property, such as included appliances, requested repairs, seller occupancy after closing, or the buyer’s need to sell another home. Because these provisions can carry into the final agreement, reviewing them before acceptance can prevent disputes later.
Why Does the Purchase and Sale Agreement Matter?
The Purchase and Sale Agreement is the detailed contract that governs the parties through closing. It addresses financing, title, property condition, representations, default, deposit rights, and the obligations each party must complete.
We review and negotiate these real estate contract terms so they reflect the transaction you intend to complete. We may also add language concerning agreed repairs, personal property, occupancy, extensions, or other circumstances not adequately covered by a standard form.
What Happens When an Inspection Reveals Problems?
An inspection may uncover water damage, structural concerns, electrical defects, pest activity, or aging systems. Your options depend on the inspection contingency, including its deadlines, monetary thresholds, and notice requirements.
You may be able to request repairs, negotiate a credit or price adjustment, seek further evaluation, or terminate the transaction. We explain what the agreement permits and document any resolution reached with the seller. Verbal promises should be included in a written amendment when they change the parties’ obligations.
How Does a Mortgage Contingency Protect You?
A mortgage contingency may allow you to terminate the purchase and recover your deposit if you cannot obtain the specified financing despite making a good-faith effort. To receive that protection, you must satisfy the clause’s application, deadline, and notice requirements.
We review the loan amount, commitment date, and conditions attached to the lender’s approval. If financing is delayed or denied, acting before the contractual deadline can determine whether your deposit remains protected.
What Does the Title and Closing Review Include?
A title review confirms that the seller can transfer marketable ownership. It may reveal unpaid liens, missing mortgage discharges, easements, ownership discrepancies, or recording errors. We work to ensure issues are resolved or addressed before closing. If a serious ownership problem develops, our firm also handles title disputes.
When financing is involved, the closing attorney commonly represents the lender and handles the work needed to complete the mortgage transaction. The attorney-client relationships can vary, so we explain who represents whom and provide buyer-focused guidance when needed.
We review closing figures and documents, confirm that contractual conditions have been addressed, and respond to concerns that arise as part of the real estate closing process. You generally become the legal owner when the deed is accepted and recorded at the appropriate registry of deeds.
What If a Problem Appears After Closing?
A recording error, unresolved lien, competing ownership claim, or disagreement over a seller’s promise may surface after the purchase. We can review the closing file, contract, title records, and applicable insurance policy. The appropriate response may involve correcting a document, submitting a title insurance claim, negotiating a resolution, or pursuing a legal remedy.
Protect Your Massachusetts Home Purchase
Buying a home requires important legal and financial decisions well before closing day. LaFountain & Wollman, P.C. will help you understand the documents, meet contractual deadlines, and address problems that could affect your purchase or ownership rights. Contact our office to discuss your Massachusetts residential purchase with an attorney.
Frequently Asked Questions
Can I cancel after signing the Purchase and Sale Agreement?
You may be able to terminate under a valid contingency, but only if its conditions and notice requirements are satisfied. Canceling without a contractual basis may place your deposit at risk.
Why do buyers sometimes pay two deposits?
Buyers commonly provide a smaller deposit with the offer and an additional deposit when signing the Purchase and Sale Agreement. Both are generally credited toward the purchase price at closing.
Do I need an attorney for a cash purchase?
A cash purchase still involves contract review, title examination, closing documents, and deed recording. Legal representation can protect you even when no mortgage contingency is needed.