Buying your first home is an exciting milestone, but it can also feel overwhelming. Between mortgage approvals, inspections, offers, and legal documents, it’s easy to feel lost. As a Massachusetts real estate law firm, Ligris regularly guides first-time homebuyers through the legal and practical steps of purchasing property in the Commonwealth.

This guide walks you through the legal aspects of buying a home from contract to closing.

Key Takeaways:

• Massachusetts is an attorney state. Attorneys play a central role in reviewing contracts, conducting title examinations, and overseeing closings, protecting buyers’ legal and financial interests throughout the home-buying process.
• Key steps in the homebuying process before closing include inspections, negotiating contingencies, executing the Purchase & Sale Agreement, and undergoing a title examination. Each step helps to ensure the transaction is legally secure.
• Work closely with a real estate attorney. Legal guidance ensures a smooth, secure, and compliant home purchase in Massachusetts.

 
1. Understanding the Massachusetts Home Buying Proces

Unlike some states, Massachusetts is an attorney state. That means a licensed attorney is required to oversee certain aspects of the home buying process. Your attorney will play a central role in reviewing contracts, conducting title examinations, and overseeing closings.

A typical home-buying path includes:

1. Pre-approval from a lender
2. Home buyer consultation with real estate agent
3. Touring homes
4. Making an offer
5. Submitting the Offer to Purchase
6. Once Offer is accepted by Seller
7. Home inspection
8. Executing the Purchase and Sale Agreement (P&S)
9. Mortgage underwriting and commitment deadline
10. Title examination
11. Closing

While your real estate agent helps to identify and show you potential homes, negotiate price, and navigate logistics, your attorney protects your legal and financial interests.

 
2. The Offer to Purchase: It’s More Than Just a Formality

Many first-time homebuyers assume the Offer to Purchase is non-binding. In Massachusetts, that is not the case. An accepted Offer to Purchase can create legally enforceable obligations. Key terms include:

• Purchase price
• Deposit amount
• Inspection contingency
• Mortgage contingency
• Proposed closing date

Before signing, have an attorney review the offer. Small language differences can have major consequences.

 
3. The Home Inspection: Know What You’re Buying

Massachusetts follows a “buyer beware” approach in many respects, and it is advised to have a thorough inspection conducted. While sellers are obligated to be truthful if questioned about known material defects, the burden largely falls on buyers to investigate the property. The seller is only required to disclose knowledge of lead paint or septic systems.

A thorough inspection can uncover:

• Structural issues
• Roof damage
• Electrical or plumbing deficiencies
• Water intrusion or mold
• Code compliance concerns

Your inspection contingency allows you to renegotiate or withdraw if major issues are discovered, but strict deadlines apply.

 
4. The Purchase and Sale Agreement (P&S)

The P&S is the most important legal document in your transaction. It expands on the Offer to Purchase and outlines:

• Deposit structure
• Contingencies and deadlines
• Title requirements
• Property condition representations
• Default provisions

Once you sign the P&S, your deposit (often 5% of the purchase price total) is at risk if you default outside a contingency. From a legal standpoint, this is where careful drafting and review matter most.

 
5. Title Examination: Why It Matters

Before closing, your attorney conducts a title search at the Registry of Deeds. This ensures:

• The seller legally owns the property
• There are no undisclosed liens
• Mortgages will be properly discharged
• No easements or restrictions impair use

Massachusetts has both recorded land and registered land systems, which require different handling. An experienced real estate attorney understands how to navigate both.

Title insurance is also issued at closing, protecting you and your lender from certain title defects. For more information on the importance of title insurance, check out this blog post.

 
6. Mortgage Contingency Protection

Most buyers finance their purchase. Your mortgage contingency protects your deposit if you are unable to obtain financing by a specified date.

Important details include:

• Loan amount
• Application deadlines
• Written denial requirements

Be mindful of deadlines. Missing a contingency deadline can put your deposit at risk, even if financing ultimately falls through.

 
7. Closing Day in Massachusetts

In Massachusetts, closings are typically conducted by the buyer’s lender’s attorney or a closing attorney. At closing, you will:

• Sign mortgage documents
• Sign the settlement statement
• Review the deed transferring title to you – it is signed solely by the Seller
• Pay closing costs
• Receive the keys once on record at the Registry of Deeds

Your attorney ensures:

• The deed is properly drafted
• Funds are disbursed correctly
• The mortgage is recorded
• Title insurance is issued

Only once the deed is recorded at the Registry of Deeds does ownership officially transfer.

 
8. Common First-Time Homebuyer Mistakes

From our experience representing homebuyers across Massachusetts, common pitfalls include:

• Failing to understand deposit risks
• Missing mortgage deadlines
• Not reviewing condominium documents
• Assuming verbal promises are enforceable
• Changing jobs or making a big purchase prior to closing

Engaging legal counsel early in the process prevents costly mistakes.

 
9. Special Considerations in Massachusetts

Massachusetts real estate law has unique aspects, including:

• Homestead protections
• Lead paint laws (especially in pre-1978 homes)
• Septic system Title 5 requirements
• Smoke and carbon monoxide compliance certificates
• Municipal lien certificates

Each city and town may also have local requirements that affect closing.

 
10. Why Work With a Massachusetts Real Estate Attorney?

A home is often the largest investment you will make in your lifetime. While real estate agents can help you find the perfect home and negotiate the price, your attorney:

• Reviews and negotiates contract terms
• Protects your deposit
• Conducts title examination
• Coordinates with lenders
• Oversees closing
• Ensures proper recording

For first-time buyers, having legal guidance provides clarity, confidence, and protection.

Conclusion

Buying your first home should be exciting — not stressful. With the right legal guidance, you can move forward confidently, knowing your interests are protected at every stage.

If you are purchasing your first 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 a home, contact Liz Barletta at Ligris + Associates.

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