Do you need a real estate attorney to close in Massachusetts?

What the law requires

Practicing law is reserved. Section 46A bars anyone who is not a member in good standing of the Massachusetts bar from practicing law or “holding himself out” as able to. An out-of-state lawyer may appear in a pending case only with court permission. Section 41 adds a criminal penalty for people who present themselves as attorneys without being admitted: up to $100 for a first offense or up to six months in jail, and up to $500 or one year for a later offense.

A deed can convey land without ceremony. Under c. 183, § 1, a deed executed and delivered by the owner “or by the attorney of the person” with authority is enough to convey land, “without any other act or ceremony.” Recording is what protects the buyer against outsiders: under § 4, a conveyance is not valid against anyone except the grantor, heirs and people with actual notice unless it is recorded in the registry of deeds for the county where the land lies.

Lawyers have a statutory place in title work. Section 5B lets someone with personal knowledge of facts about a property sign an affidavit that carries an attorney’s certificate that those facts will help clarify the chain of title; it can then be recorded.

Lawyers have a place in lending rules. The mortgage loan originator licensing law exempts a person admitted to practice law in Massachusetts who negotiates the terms of a residential loan for a client as an ancillary matter, unless a lender, mortgage broker or originator pays that person (c. 255F, § 2(b)).

Who can do what in a sale

A broker license does not allow legal advice. If you need to know what a contract clause means, the person to ask is a Massachusetts lawyer. For the steps in a purchase, see our home buying steps guide.

Who conducts closings in practice

The sections read for this article do not say who must conduct a Massachusetts residential closing, and this article does not name a custom it could not read in an official source. Closings in practice are set by the contract, the lender and the title insurer. Your lender’s Closing Disclosure will list the parties and fees, and the title insurance guide explains the insurance charge. See also closing costs explained and our Massachusetts closing costs page.

What an attorney costs

No Massachusetts agency read for this article publishes a typical fee for a real estate attorney, and the fee is not set by statute. It depends on the work: reviewing a purchase and sale agreement, clearing a title problem, or handling the whole closing. Ask for the fee in writing before work starts.

When an attorney is worth it anyway

• Before you sign a contract. A lawyer can explain the deadlines and conditions in a purchase and sale agreement before you commit.
• When title has a problem. Section 5B shows that clarifying the chain of title can involve an attorney’s certificate.
• When a foreclosure is involved. The power-of-sale notice rules in c. 244, § 14 are strict, and a defect can be raised in court. See our Massachusetts foreclosure guide.
• When a lender, broker or other professional is paid to negotiate for you. The attorney exemption in c. 255F, § 2 does not apply to a lawyer paid by a lender or broker.