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ESTATE LAWYER |
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Boston, MA 02129
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Homeowners who are beginning the process
of listing and selling their home should make several preparations
in advance of placing their home on the market. A homeowner’s
first resource is often a real estate broker, who can provide
several valuable services to an owner, such as advice on pricing,
giving the property exposure on the Multiple Listing Service
(MLS), and facilitating access to the property
by potential buyers. However, owners should be wary to rely
on a broker’s advice regarding the legal aspects of
listing a home, making disclosures to the buyer about the
condition of the property, and signing any documents relating
to the sale of the real estate.
It is common in Massachusetts for a Seller to
provide disclosures to a potential buyer on a pre-printed
form generated by the broker. Sellers should understand which
disclosures are mandatory and which need only be made after
inquiry from the buyer before completing the disclosure statement.
Parker|Scheer recommends that sellers consult a real
estate lawyer even before they consider accepting an offer
on their home, in order to fully understand their rights and
obligations related to the disclosure process.
The next critical stage of the selling process
is the formal Offer
to Purchase (or OTP). Again, there is a prepared
form that most real estate brokers use to set the terms of
the OTP. Sellers should never approach the OTP as an informal
prelude to negotiating and signing a Purchase
and Sale Agreement; Offers to Purchase
have been interpreted as full and final binding documents
depending on the language they contain. Any seller asked to
sign an OTP must understand the ramifications before doing
so.
For more
information on selling a house 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.
Related Articles
Do
I need a lawyer to sell my home in Massachusetts?
Massachusetts
Purchase and Sale Agreements - Seller's FAQ
Parker
| Scheer - premier Massachusetts Real Estate Lawyers
Massachusetts
Real Estate Law Rubric Table
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| Parker Scheer LLP real estate
lawyers in Massachusetts towns and areas including Acton, Amesbury,
Andover, Arlington,
Ashland, Athol, Bedford, Belmont,
Bolton, Boston, Boxborough, Boxford, Boylston, Braintree, Brookline,
Burlington, Cambridge,
Cape
Cod, Carlisle, Charlestown, Chelmsford, Chelsea,
Clinton, Concord, Danvers, Dedham, Dudley, Duxbury, Essex, Fitchburg,
Foxboro, Framingham, Franklin, Gloucester, Hamilton, Hanover,
Haverhill, Holbrook, Holliston, Hopkinton, Hudson, Ipswich,
Kingston, Lakeville, Lawrence, Leominster, Lexington, Lincoln,
Lowell, Lynn, Lynnfield, Malden,
Marblehead, Marlborough, Marshfield, Martha's
Vineyard, Maynard, Medford,
Melrose, Methuen, Middleborough, Milford, Milton, Nantucket,
Natick, Needham, New Bedford, Newbury, Newburyport, Newton,
Northborough, Peabody, Pepperell, Plymouth, Provincetown, Quincy,
Reading, Rockport, Rowe, Rowley, Salem, Saugus, Sherborn, Somerville,
Stoughton, Stow, Sturbridge, Sudbury,
Townsend, Wakefield, Waltham, Watertown,
Wayland, Wellesley,
West Newbury, Westborough, Westford, Weston,
Westport, Wilmington, Winchester, Woburn, Worcester. Parker
Scheer also provides referral services to real estate attorneys
outside of Massachusetts. |
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