Buying/ selling real estate in Massachusetts can get you into a tangle if you are not aware of the formalities. This is where a lawyer should come in to the picture to help you with all the legal aspects, because each contract or deed you sign is legally binding. This means it has a lot of legal jargon attached that a lawyer can help you decipher. For instance, the Massachusetts law puts an obligation on the seller to disclose certain information to the buyer. Certain information can be withheld unless the buyer asks for it. The buyer, as well as the seller, should be specifically aware of their rights and responsibilities before entering into an agreement.
Massachusetts’s real estate lawyers help clients in several aspects: preparation and review of the sale deeds, providing advice on financing and negotiation, dealing with any litigation, and much more. Everything from home inspection, to the purchase and sale agreement and the mortgage/financing aspects can be discussed with a legal expert. The most important thing the lawyer will do is ensuring that no other person has a claim to the property. This could be especially difficult with inheritances, especially where the person/persons concerned are no longer alive. Real estate contracts are different from other contracts in the sense the courts can force the execution of the contract under a special remedy called “specific performance.” Another important concept is the “Equitable conversion,” under specific performance that says the buyer becomes an equitable owner of the property even before the delivery of the deed. The seller remains a holder of the legal title as a security for the payment. Sometimes, the buyer and seller can disagree on aspects like repairs, holdback of funds, appliances and built-ins, deposit amounts, and ‘use and occupancy’ agreements. A lawyer can handle all these problems. Another common real estate problem is “adverse possession.” It is the process of acquiring title to a property by occupying it physically for a long time. Such cases are dealt with using special lawyers at the Land Court.
Ideally, a good Massachusetts real estate lawyer will offer you sound advice in order to prevent any future problems. There are several legal firms in Massachusetts, where you can locate a good lawyer. Most of them can be looked up on the Internet. These companies o have websites where clients can contact lawyer or request information.
