Selling a home involves binding contracts, disclosure responsibilities, title requirements, and firm closing deadlines. LaFountain & Wollman, P.C. represents residential property sellers throughout Middlesex County, the Boston metro area, and throughout Massachusetts. Through our residential real estate practice, we review offers, negotiate purchase and sale agreements, resolve issues that could delay the transaction, and prepare you for closing. Whether you are preparing to list your property or already have an offer, we will explain your obligations and protect your interests throughout the sale.
Why Sellers Work With LaFountain & Wollman
- More than 40 years of combined legal experience
- Direct communication with the attorney handling your sale
- Review of offers before contractual obligations are established
- Negotiation with the buyer’s attorney over terms, contingencies, and deadlines
- Experience resolving title defects and other problems that could delay closing
- Familiarity with municipal offices, registries, and local closing practices
- Coordination with real estate agents, lenders, condominium associations, and closing attorneys
Should an Attorney Review an Offer Before You Sign?
Yes. An Offer to Purchase can create binding obligations and establish important terms before the longer Purchase and Sale Agreement is negotiated. It commonly identifies the price, deposit, included fixtures, closing date, and conditions under which the buyer may withdraw.
Some offers include an attorney-review or attorney-approval contingency, but this protection is not automatic in Massachusetts. It must be written into the offer, and its wording determines what an attorney may do during the review period. We examine the contingencies and deadlines so you understand your obligations before signing.
How Does the Purchase and Sale Agreement Protect a Seller?
The Purchase and Sale Agreement contains the detailed terms governing the sale. Although Massachusetts transactions often begin with a standard form, the agreement should be revised to reflect the property, the negotiated deal, and the seller’s responsibilities.
We address deposit terms, contingencies, closing requirements, property condition, representations, included items, and remedies if the buyer defaults. We can also clarify responsibility for repairs, access before closing, delivery of possession, and extensions of contractual deadlines.
Careful drafting matters because disagreements may arise over matters that appeared settled during earlier negotiations. Our experience with real estate contracts allows us to evaluate the transaction language and respond if a dispute develops.
What Must a Massachusetts Home Seller Disclose?
Massachusetts generally follows a buyer-beware approach, but that does not permit a seller to misrepresent a known condition, conceal a defect, or give an answer that creates a misleading impression. Federal and state lead-paint disclosure requirements may also apply to homes built before 1978.
Other concerns may involve septic system compliance, prior water damage, unpermitted work, condominium assessments, boundary questions, or environmental conditions. We will help you determine what information must be provided and how to document disclosures without making unsupported representations about the property.
What Title Problems Can Delay a Sale?
The seller must deliver the quality of title required by the Purchase and Sale Agreement. A title examination may uncover an undischarged mortgage, municipal lien, ownership discrepancy, missing probate document, boundary issue, or defect in an earlier deed.
We work with lenders, registries, municipal offices, prior owners, and other parties to resolve title problems. Addressing these issues early can reduce the likelihood that they will delay or jeopardize the closing.
How Long Does a Massachusetts Home Sale Take to Close?
Many residential sales close within approximately 30 to 60 days, but the actual timeline depends on the contract, the buyer’s financing, inspection negotiations, title review, and other contingencies.
We track the deadlines established in your agreement. If the buyer requests an extension or cannot satisfy a contingency on time, we will explain how the request affects your position before you agree to revised terms.
What Documents Does a Seller Need for Closing?
The documents and certificates required depend on the property and transaction. Common items include:
- Deed: Transfers ownership to the buyer
- Mortgage payoff information: Allows existing liens to be paid and discharged
- Final municipal readings: Establish amounts due for water or other public utilities
- Smoke and carbon monoxide compliance certificate: Confirms required detector compliance
- 6(d) certificate: Confirms condominium fees and assessments covered by the certificate have been paid
- Final oil reading: Establishes any adjustment for oil remaining in the tank
We prepare or review the seller’s closing documents, confirm the final figures, and explain what you must sign. If you cannot attend, we can discuss advance signing or whether a properly prepared power of attorney is appropriate.
What Are the Main Legal Risks for Home Sellers?
Problems can arise when sellers accept vague contingencies, make unsupported statements about the property, miss contractual deadlines, or cannot deliver the required title or property condition. Disputes may also involve repairs, fixtures removed before closing, property damage, or whether the buyer properly terminated the agreement.
We identify these risk points early and help you respond before they place the sale or your proceeds at risk.
Put Your Sale on Firm Legal Ground
The earlier an attorney reviews your transaction, the more opportunity there is to correct unfavorable terms and address problems before closing. If you are preparing to list your property, reviewing an offer, or already under contract, contact LaFountain & Wollman, P.C. We will help protect your interests and keep your Massachusetts home sale moving forward.
Frequently Asked Questions
Do I still need an attorney if I have a real estate agent?
A real estate agent can market the property, communicate with buyers, and negotiate business terms. An attorney advises you about legal obligations, modifies contract language, addresses title matters, and prepares or reviews closing documents. The two roles complement one another.
Can a seller withdraw after signing the Purchase and Sale Agreement?
A seller generally cannot withdraw simply because plans have changed or a better offer appears. Breaching the agreement could expose the seller to damages, a claim for specific performance, or other remedies. An attorney should review the contract before the seller takes any action.
Can I sell Massachusetts property while living elsewhere?
Yes. Documents may be signed in advance, and a power of attorney may sometimes be used when the seller cannot attend. The arrangements should be made early enough to satisfy notarization, lender, tax, and closing requirements.