The Bay State is a great place to live, work, raise a family, or open a business. Many homeowners and business owners are attracted to Massachusetts’s robust economy and beautiful scenery. Buying property in Massachusetts can nonetheless be challenging due to the complex legal real estate landscape. 

In many real estate matters, you may want to hire a real estate lawyer or be required to do so. This may leave you asking, what is a real estate lawyer, and what does a lawyer do in a real estate transaction? We will answer these questions and discuss the benefits of working with an experienced real estate attorney when purchasing property in Massachusetts.

What Is a Real Estate Lawyer?

A real estate lawyer is a licensed professional who focuses on property and real estate transactions. They have deep knowledge of real estate law and issues that may arise in purchasing and selling property and stay updated on the latest changes and trends in the industry and the law. An attorney can also help guide a party smoothly through the transaction and avoid potential pitfalls that could ruin the deal.

Real estate lawyers can represent the interests of the buyer, the seller, or the lender. Massachusetts is one of many states that requires one to be present at the closing of a real estate purchase or sale. 

What Does a Real Estate Lawyer Do?

Real estate transactions are not simple. Purchasing a home or commercial property can be lengthy and include negotiations, inspections, contract drafting and revisions, mortgage documents, and more. From negotiating the terms of the sale to reviewing all necessary paperwork and information regarding the transaction, experienced real estate attorneys guide you through the process and provide legal advice throughout. Your attorney represents your interests and always works to help achieve your goals and benefit your transaction.

What Does a Real Estate Attorney Do for a Seller or Buyer?

The duties and services of a real estate attorney may vary depending on which party they represent. The following are some general responsibilities that attorneys may perform in a real estate transaction.

Explain your legal rights

Most people purchasing a property do not live and breathe real estate’s legal terminology and legalese. A real estate attorney’s most important role is explaining your legal rights and options. They can answer your questions and review the pros and cons of dealing with certain issues. They can indicate the laws relevant to your situation, indicate the best option, and describe why. Ultimately, you still retain the final word and decision-making power, but you will be more informed after discussing it with your attorney.

Negotiate the deal

A real estate attorney conducts due diligence and ensures that proposed terms align with your interests. They can negotiate the terms and conditions if they might be detrimental to your position or if they omit necessary information. Attorneys can also advise whether the transaction meets state and federal regulations.

Conduct title searches

A title search is a step in a real estate transaction to ensure that:

  • The seller has the legal right to transfer the property to the buyer;
  • No liens are on the property;
  • There are no issues impacting the buyer’s ability to possess the property;
  • No restrictive covenants or zoning restrictions are limiting the use of the property; and
  • No taxes are outstanding on the property.

Real estate attorneys typically perform title searches for the buyer to confirm the property’s clean title and then give the seller and seller’s attorney a copy of the report.

Reviewing and drafting contracts

Your attorney can review and draft necessary contracts to ensure they include all the required terms and conditions. Some typical contracts in real estate transactions include a purchase and sale agreement and a mortgage or rental agreement. Each word and punctuation mark can change the interpretation of a contract, and having a legal eye review the terms can protect your interests and mitigate future disputes or risks.

Manage and resolve disputes

Disputes commonly arise during real estate transactions. Conflicts occur between buyers, sellers, lenders, and others. Attorneys can help negotiate, mediate, and litigate real estate disputes and protect their client’s interests. 

BMK Legal Can Be Your Trusted Real Estate Lawyers

Buying and selling property is a significant decision and investment. Whether you are just beginning to consider a home purchase or midway through purchasing a development property, BMK Legal is ready to help guide you and close the deal. Our firm has decades of experience navigating the complex real estate industry and closing deals for our clients. BMK Legal attorneys have in-depth knowledge of the legalities that impact a real estate transaction and stay current with ever-evolving laws and regulations. Our team is well-connected and respected with various local lenders, appraisal companies, title companies, banks, and real estate professionals. 

We pride ourselves on providing clients with tailored strategies and support for their unique real estate needs. Our team will also ensure that we protect your interests throughout the process and mitigate risks. Contact BMK Legal today to learn how we can help with your real estate transaction.

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