Condominium sales present special issues that require a seller to understand his or her responsibilities before listing a unit for sale. Condominiums provide their owners with a unique form of ownership, which includes many benefits provided to them by the condominium association and/or management company. A condominium owner preparing to sell a unit must make the buyer understand how the condo works, which usually involves allowing the buyer an opportunity to review the governing documents (often known as the “condo docs”).

Sellers must know whether their condo docs provide a right of first refusal to the condominium association, the developer, or any other party before they can freely sell their unit. In newer developments, particularly where the developer still owns some of the units, the developer may retain the right to match an offer made by a prospective buyer.

A seller must provide proof at the time of closing that their condominium association dues, or “condo fees” are fully paid. This is done on a form prepared by the condominium trust, association or management company. This form, called a “6(d)” certificate, acts in the same way that a mortgage discharge or Municipal lien certificate does, and provides proof in a form suitable for recording at the Registry that there is no potential claim for past common area fees.

Contact a Massachusetts Real Estate Lawyer

For more information on selling a condo in Massachusetts, or if you are looking for a real estate lawyer in Massachusetts, please contact Rob D. Stewart. If you prefer, you can also telephone our offices in Boston seven days a week at toll free 866-414-0400.

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