Buying or selling a home in Massachusetts is exciting, but the process can also be complicated. Along the way, it’s easy to pick up a few unwritten “rules” about real estate that sound reasonable, but aren’t necessarily true.

Maybe a friend tells you, “Don’t worry about the offer. It’s just the first step.” Or someone says, “You don’t really need an attorney for a straightforward closing.” Or you’ve heard that once you sign the closing documents, the house is officially yours.

While these assumptions can seem harmless in casual conversation, believing them during an actual Massachusetts real estate transactions can lead to costly surprises. Understanding what’s fact and what’s fiction can help you navigate the home buying or selling process with greater confidence and avoid unnecessary complications.

Key Takeaways:

• Massachusetts homebuyers and sellers should involve a real estate attorney early in the transaction. An attorney can review legally binding agreements, examine titles, negotiate terms, and help ensure the closing is properly completed.
• An accepted Offer to Purchase can be legally enforceable in Massachusetts. Buyers and sellers should understand the offer’s price, deposit, contingencies, deadlines, and other terms before signing or accepting.
• For certain Massachusetts residential transactions, a seller cannot condition acceptance of an offer on the buyer agreeing to waive, limit, or restrict a home inspection.
• Signing closing documents does not, by itself, complete every step of a Massachusetts real estate transaction. Buyers and sellers should understand the legal, financial, and recording requirements and review documents carefully.
• Parties should confirm when the transfer of ownership is complete before making plans to take possession.

Here are five real estate myths your attorney wishes you’d stop believing.

Myth #1: “I don’t need a real estate attorney.”

In Massachusetts, this isn’t simply a matter of whether having an attorney is a good idea.

Certain aspects of a real estate closing are the practice of law.

Massachusetts law specifically reserves certain closing functions to attorneys, including important work involving title, the deed, transfer documents, and the handling of closing funds. Massachusetts courts have also recognized that substantive legal work is involved in real estate closings, and that legal work starts well before you sit down at the closing table.

An attorney can review and negotiate your Offer to Purchase and Purchase and Sale Agreement, identify potential legal issues, examine title, address problems that could affect your ownership of the property, and coordinate the legal and financial details necessary to get the transaction to closing.

Just as importantly, your attorney is there to explain what you’re actually agreeing to. An Offer to Purchase can be legally binding in Massachusetts, and the language in that offer, and later in the Purchase and Sale Agreement, can have significant consequences.

By the time a problem becomes obvious to everyone, it may be much harder and more expensive to fix. Having an attorney involved from the beginning gives you an opportunity to identify those issues before they become problems.

The bottom line: You don’t hire a Massachusetts real estate attorney simply because “that’s what everyone does.” You hire one because buying or selling real estate involves legally binding contracts, ownership of real property, and a closing that includes work Massachusetts law recognizes as the practice of law.

When you’re making one of the biggest financial transactions of your life, having someone focused on protecting your legal interests isn’t an unnecessary extra. It’s part of protecting the investment you’re about to make.

Myth #2: “The offer is just a starting point.”

It can be tempting to think of an offer as a preliminary conversation: I’ll make an offer, we’ll negotiate, and nothing is really final until the Purchase and Sale Agreement is signed.

That’s not a safe assumption in Massachusetts.

An accepted Offer to Purchase can be legally enforceable. Massachusetts guidance specifically identifies an accepted offer as potentially enforceable and notes that an offer can include important terms such as contingencies, deadlines, price, deposit, and other conditions.

In other words, the offer matters. The price matters. The deposit matters. The closing date matters. Inspection and financing provisions matter. What is included or excluded from the sale can matter. And the language used to describe those terms can matter enormously.

That’s why buyers should have an attorney review an offer before submitting it whenever possible—particularly when the offer contains contingencies, unusual provisions, or significant financial commitments.

By the time you get to the P&S, you’re not necessarily starting the legal conversation from scratch. You’re building on commitments that may already have been made.

The bottom line: Don’t treat an Offer to Purchase like a casual opening bid. In Massachusetts, you may be making a legally significant commitment.

Myth #3: “You can waive your home inspection.”

When it comes to home inspections, Massachusetts buyers have important protections they should know about.

For certain Massachusetts residential transactions, as of October 15, 2025, a seller cannot condition acceptance of an offer on the buyer agreeing to waive, limit, or restrict a home inspection. A seller also generally cannot accept an offer when the offer indicates that the buyer intends to waive the inspection.

That doesn’t mean every buyer is required to have an inspection.

A buyer can ultimately decide not to conduct one, provided that decision isn’t being required or improperly influenced by the seller or seller’s agent. The parties can also agree on reasonable inspection parameters, including timing and certain monetary thresholds.

The distinction is important: “I choose not to have an inspection” is not the same thing as “I have to waive my inspection rights to get the house.”

Massachusetts now requires a separate written disclosure regarding the buyer’s right to obtain a home inspection for covered transactions.

And even when an inspection is performed, buyers should understand what it tells them. A standard home inspection evaluates readily accessible and observable components of the property; it isn’t designed to uncover every hidden or future problem.

The bottom line: Don’t let competition or pressure push you into treating an inspection as an obstacle. Understand your rights, understand the inspection contingency, and make an informed decision.

Myth #4: “The closing is just a bunch of paperwork.”

There is, admittedly, a lot of paperwork involved in real estate transactions. But, Massachusetts real estate closings involve a lot more too.

By closing, the transaction has already involved an offer, a Purchase and Sale Agreement, inspections, financing and appraisal, title work, and numerous other details. The closing is where those pieces come together and the parties complete the transaction.

There are financial numbers to verify. There may be lender requirements to satisfy. Title issues must be addressed. Documents must be reviewed and signed. The deed and other instruments need to be properly handled. Adjustments and closing costs need to be accounted for.

And before closing, there can still be important details to address.

For example, Massachusetts consumer guidance recommends that buyers conduct a final walkthrough on the day of closing to make sure the property is in the agreed-upon condition.

So yes, you will sign a lot of documents. But those signatures are accomplishing something significant: they’re bringing a complicated legal and financial transaction to completion.

The bottom line: Don’t walk into closing thinking you’re just signing your name a few dozen times. Read the documents, ask questions, and make sure you understand what you’re signing.

Myth #5: “You own the home right after you sign.”

This one sounds simple, but real estate transactions have an important distinction between signing closing documents and completing the transfer of ownership.

In Massachusetts, in order for the ownership to legally transfer and for a homebuyer to take possession of the property, the deed (along with other recordables) must be recorded at the Registry of Deeds of the county where the property is located.

Buyers should confirm with their closing attorney when the transfer is complete and when they can take possession of the property under the terms of their agreement.

The bottom line: Signing is a critical part of closing, but don’t confuse signing documents with the entire legal process of transferring ownership. You’ll need to wait until the closing documents are recorded before you enter the home – plan accordingly!

A Smooth Transaction Starts with Sound Guidance

A home may be the biggest purchase or sale most people will ever make.

Yet because buying and selling real estate is something people do every day, it’s easy to assume that the process is straightforward: make an offer, sign a contract, get a mortgage, sign some papers, and get the keys.

In Massachusetts, the reality is more complicated. An Offer to Purchase can create legal obligations. An inspection isn’t something you should casually give up. A Purchase and Sale Agreement can contain terms that have significant consequences. A closing involves much more than paperwork. And the transfer of ownership involves a legal process that deserves careful attention.

That’s why having the right professionals involved, and involving them early, can make all the difference.

The best time to talk to your attorney isn’t when a problem has already appeared.

It’s before you’ve signed yourself into one.

Conclusion

If you are purchasing or selling a home in Massachusetts, consult with an experienced real estate attorney early in the process. The right advice at the beginning can prevent serious problems later. If you are seeking legal guidance while purchasing or selling a home, contact Liz Barletta at Ligris + Associates.

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