As a Realtor, I am often asked what a real estate attorney charges to represent a home seller.

When selling a house, one critical step involves hiring a real estate attorney to guide you through the legal aspects of the transaction. This ensures the sale is completed without legal issues and protects your interests as an owner.

Attorney fees for a seller in Massachusetts typically range between $500 and $2,000. The costs depend on the complexity of the transaction, the property itself, and any unforeseen challenges that arise. Attorneys can also have different fee schedules.

I will educate you on the following information based on many years of being in the business and working with attorneys:

• What specific services do real estate attorney fees cover for sellers?
• Why it’s essential to address title and lien issues with the help of an attorney.
• How an attorney ensures a smooth closing process through proper legal oversight.

Over my nearly forty years as a Massachusetts Realtor, I have advocated for my seller clients to have legal representation. Proper representation makes sense in a transaction as significant as a home sale. An outstanding lawyer can give you peace of mind that your interests will be protected. What attorneys charge is well worth the cost. Here are some tips for finding a real estate attorney nearby.

Let’s break down the details of these attorney services and why they’re so valuable during the sale of a property.

What Do Attorney Fees Cover When Selling a House?

Drafting and Reviewing Sale Agreements

The sales agreement, or purchase contract, is a real estate transaction’s most critical legal document. It outlines the terms of the sale, including the purchase price, closing date, contingencies, and any conditions agreed upon between the buyer and seller.

A real estate attorney’s role begins by either drafting this contract or reviewing a pre-drafted agreement. They will then negotiate with the buyer’s attorney on any requested changes.

Here’s why this is crucial:

• Protecting the Seller’s Interests: An attorney ensures that all agreement terms preserve the seller’s rights. They review clauses related to contingencies, warranties, and buyer demands, adjusting language that might expose the seller to risks. For example, if the buyer includes an inspection contingency, the attorney might limit the seller’s obligation to make repairs beyond a specific dollar amount.
• Understanding Legal Implications: Standard sales contracts often include legal jargon that can be difficult to interpret. A real estate attorney can clarify each clause’s meaning and explain potential legal consequences. This prevents misunderstandings and ensures both parties are fully aware of their obligations.
• Addressing Custom Terms: Sometimes, special conditions may be included in the contract—such as seller financing or requests for specific fixtures to remain with the property. An attorney can help negotiate these terms to avoid any unfavorable commitments.

In short, your real estate attorney ensures that the contract is legally sound and beneficial to your position as a seller. One of the tasks a Realtor does is to provide a referral for an excellent lawyer.

You can see a complete list of what an attorney for real estate does here.

Ensuring the Property Title Is Free of Issues

The property’s title is its legal history, which establishes ownership. The title must be clear of any defects before a sale can be finalized.

Defects in the title, such as claims from previous owners, unresolved legal disputes, or errors in public records, can prevent a sale or cause legal problems later.

Here’s how an attorney helps in this area:

• Reviews a Title Search: A title search thoroughly examines public records to ensure no hidden issues, such as an undisclosed heir or past property ownership disputes. The attorney coordinates this process with the buyer’s or lender’s attorney to confirm the seller has clear ownership and the legal right to sell the property.
• Resolving Title Defects: If any title defects are found, the attorney must fix them. For example, suppose an old lien is discovered, or a clerical error is detected in the public records. In that case, the attorney will take steps to clear the title, whether through legal negotiation or correcting paperwork. This ensures no outstanding issues when the title is transferred to the buyer. Over the years, I have had several seller clients who needed assistance clearing the title.
• Issuing Title Insurance: After the title is cleared, the lender’s or buyer’s attorney will ensure that title insurance is in place. Title insurance protects both the buyer and the seller from future claims against the property. This is essential, as it safeguards the seller from being held responsible for future disputes over ownership.

An attorney handling these tasks ensures the sale can proceed without legal complications.

Managing Liens or Judgments on the Property

Liens or judgments against the property represent financial claims that must be settled before a sale can be finalized. These may include unpaid property taxes, contractor liens, or court-ordered judgments. These items can prevent the transfer of clear ownership to the buyer.

During the financial crisis around 2008-2010, I represented many homeowners who were short-selling their properties. My attorney often assisted in removing liens by negotiating with various lenders.

An attorney is essential in managing these issues:

• Identifying Outstanding Liens: An attorney will identify any liens attached to the property as part of the title search. These can include tax liens, unpaid contractor fees (mechanic’s liens), or even liens related to divorce settlements or unpaid child support.
• Negotiating with Lienholders: If liens are discovered, the attorney negotiates to settle the debt. This may involve negotiating a reduced payment amount or setting up a payment plan to clear the lien before closing.
• Ensuring Legal Compliance: The attorney ensures that liens are properly recorded and released. Without the legal expertise to navigate these often complicated financial claims, the seller could be responsible for debts even after the sale.

Ensuring all liens and judgments are resolved, the attorney guarantees that the property can be transferred free of encumbrances, allowing for a smoother closing process.

Overseeing the Transfer of Ownership

Attorneys For Real Estate Help With Transfer of Ownership

The transfer of ownership is the most significant step in a real estate transaction. All legal documents must be executed appropriately at this stage, and the property’s title must be transferred to the buyer.

Any mistakes during this process can result in future legal disputes or delays in finalizing the sale.

The attorney’s role here is critical:

• Preparation of Closing Documents: Your attorney will prepare and review essential documents such as the deed, bill of sale, and settlement statement. These documents must be accurate and fully reflect the terms of the sale. The attorney will also ensure that all financial transactions, including the payment of taxes and the disbursement of funds to the seller, are handled correctly.
• Ensuring Proper Execution: All legal documents must be signed, notarized, and witnessed according to state and local laws. The attorney ensures that the correct parties are present, that signatures are obtained, and that no legal formalities are overlooked. This prevents any potential challenges to the transfer of ownership after the fact.
• Attending Closing Under Power of Attorney: In Massachusetts, it is common for the seller not to participate in the closing. Instead, the seller’s attorney will have POA to sign the required documents.
• Recording the Sale: After the sale is finalized, the attorney will ensure that the deed and other relevant documents are recorded with the appropriate government office. This formalizes the transfer of ownership in public records, protecting both the buyer and seller from future claims or disputes.

By managing the transfer of ownership, the attorney ensures the legal integrity of the transaction. Massachusetts attorneys safeguard the seller from future legal challenges.

Other Expert Opinions

Paul Sian, a Realtor with United Real Estate Home Connections, offers some sage advice.

When selling a home, the homeowner must review and sign several documents, some of which are required by local laws and some of which are needed by the real estate agent and their broker.

While many of these forms have been standardized, and the fill-in-the-blanks are pretty straightforward, the documents contain plenty of legal language that homeowners need to understand.

Homeowners with a real estate attorney working with them have an expert who can help them understand what they are signing and the potential risks.

Real estate agents cannot advise on legal matters, but a real estate attorney can, so having one ready to answer questions during a transaction to sell a home where time is of the essence can be very helpful. They also negotiate the contracts on the seller’s behalf.

Final Thoughts

Real estate attorney fees ensure a smooth and legally sound transaction when selling a Massachusetts property. The cost of representation typically ranges from $500 to $2,00o.

Hiring an experienced real estate attorney protects you from legal complications, ensures your interests are safeguarded, and helps you close the sale efficiently. I always recommend my clients to my preferred lawyer, whom I’ve worked with for many years.

Please contact me if you’re considering selling a home in the Metrowest, Massachusetts area. I would welcome the chance to interview.