
Buying your first home is exciting — and overwhelming. The legal side of a real estate transaction often gets the least attention, yet it's where the most costly mistakes happen.
1. Hire a Real Estate Attorney (Required in Massachusetts)
Unlike many states, Massachusetts requires attorney involvement in real estate closings. Your attorney represents your interests — not the lender's or seller's. Do not rely on the lender's closing attorney.
2. The Purchase and Sale Agreement (P&S)
The P&S is the most important document in the transaction. Key provisions:
Contingencies: Financing contingency, home inspection contingency, sale contingency
Closing date: Is it realistic given your mortgage timeline?
Personal property: Are appliances and fixtures included?
Deposits: What happens if either party defaults?
Have your attorney review and negotiate the P&S before signing.
3. Title Search and Title Insurance
A title search confirms the seller has the legal right to sell. Common issues: unpaid taxes, undischarged mortgages, mechanic's liens, easements, deed errors.
Owner's title insurance is strongly recommended — a one-time premium protecting you for as long as you own the property.
4. The Closing Disclosure
At least three business days before closing, review the Closing Disclosure with your attorney. Verify numbers match your Loan Estimate and question any surprise fees.
5. How You Hold Title
For co-buyers, how you hold title matters:
Joint tenancy with right of survivorship (JTWROS): Surviving owner inherits automatically — bypassing probate
Tenants in common: Each owner's share passes through their estate — requires probate
How Sofio Law Can Help
Sofio Law LLC represents buyers throughout the South Shore from P&S through closing.
Call 774-901-9774 to schedule your consultation before you sign anything.
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