Real estate is one of the most significant financial transactions most people will ever make. In Massachusetts, it’s also uniquely legal in nature — meaning an attorney’s involvement isn’t just recommended, it’s often required and always strategic. This guide breaks down when you need a real estate lawyer in Massachusetts, what they do, and how having the right counsel can protect your investment, your rights, and your peace of mind.
At Percy Law Group, PC, we’ve helped hundreds of clients navigate purchases, sales, refinances, disputes, title issues, and more with clarity and confidence. Whether you are a first-time buyer, a seasoned investor, a seller, or a landlord, this resource will empower you to make informed choices about legal representation.
Why Real Estate Law Matters in Massachusetts
Massachusetts is traditionally considered an “attorney state” for real estate transactions — meaning lawyers play a central role in the buying and selling process in ways that differ from many other states. Attorneys are directly involved in preparing legal documents, conducting title reviews, and overseeing closings to ensure compliance with state law and secure transfer of property rights.
A Massachusetts real estate lawyer must often:
- Review and draft the purchase and sale agreement
- Conduct or review a title search
- Prepare deeds and related conveyance documents
- Oversee recording of deeds and mortgages
- Manage funds disbursement at closing
- Address liens, easements, or legal defects before transfer
This isn’t a formality — courts in Massachusetts have underscored that an attorney’s role in real estate closings is substantive and essential to protect the parties’ interests.
The Big Picture: When Do You Need a Real Estate Lawyer in Massachusetts?
There are specific moments in any property transaction or dispute where involving a seasoned attorney isn’t just smart — it’s critical.
1. Before You Sign a Purchase & Sale Agreement
In Massachusetts, the Purchase & Sale Agreement (P&S) is much more than a “form.” It governs issues such as:
- Contingencies (inspection, financing, appraisal)
- Deposit and earnest money protections
- Deadlines for inspections, approvals, and closing
- Remedies if either party defaults
Missing language or unclear terms can turn a well-intended purchase into a costly dispute. A Massachusetts real estate attorney ensures your contract protects you before you agree.
Percy Law Group, PC routinely reviews and negotiates P&S contracts so clients enter deals with negotiated protections, not surprises.
2. When You’re Buying a Home — Especially if It’s Your First Time
Buying a home is often emotional and fast-moving. In Massachusetts, attorneys are customarily involved from offer acceptance through closing, protecting buyers by:
- Reviewing inspections and contingencies
- Coordinating with lenders and title professionals
- Negotiating repairs or credits
- Confirming clear title
- Advising on zoning or property condition issues
Even if your realtor is experienced, only an attorney can advise on legal rights and liabilities.
Percy Law Group, PC, helps buyers anticipate obstacles before they threaten the closing, saving time and reducing stress.
3. When You’re Selling Property
Many sellers assume their agent knows all legal risks—and that’s a mistake. In Massachusetts, sellers can face legal exposure if:
- Disclosures are incomplete
- The title isn’t clear
- Fixtures or personal property aren’t properly specified
- Inspection outcomes trigger disputes
Because Massachusetts law requires an attorney at closing, seller representation should be strategic, not reactive. A real estate lawyer protects your proceeds, compliance, and post-closing peace of mind.
Percy Law Group, PC ensures seller obligations and risks are understood and addressed in advance.
4. When Refinancing or Restructuring Debt
Refinances still require review of:
- Title problems
- Incorrect vesting or recording details
- Satisfactions of prior liens
- Preparation of mortgage documents
Massachusetts law views this legal work as part of the practice of law — not clerical paperwork.
An experienced attorney helps ensure your refinance doesn’t create future recording issues or title clouds.
5. When Title Issues, Liens, or “Clouds” Appear
Title defects may not be obvious until closing is imminent. Common problems include:
- Old mortgages not discharged
- Unpaid tax liens
- Recording errors
- Boundary ambiguity
- Easements or rights-of-way
A title search is essential, but interpreting and curing title issues is legal work. A Massachusetts real estate attorney will address these hurdles before they derail your transaction.
Percy Law Group, PC works proactively with title professionals and registries to clear title and protect ownership.
6. When You’re Buying or Selling a Condo
Condos are not just houses — they are governed by association bylaws, budgets, and obligations. Your attorney should:
- Review condo association documents
- Confirm current assessments
- Clarify restrictions and dues
- Identify litigation risk within the association
Many condo buyers regret not having this insight before closing.
7. For Investment or Tenant-Occupied Properties
Whether you’re buying a duplex or a rental portfolio, legal review should include:
- Tenant leases
- Security deposit compliance
- Code and habitability issues
- Rent roll accuracy
- Landlord-tenant law implications
An attorney protects your investment and helps identify risks that could diminish property value.
8. For Disputes — Before They Get Worse
Real estate disputes often start quietly:
- A neighbor contesting a boundary
- A buyer threatening to keep a deposit
- A seller backing out after inspection
- A contractor lawsuit over unpaid work
Early legal involvement protects evidence, deadlines, and strategic positioning long before litigation becomes necessary.
Massachusetts Real Estate vs. Real Estate Agent Assistance – Know the Difference
A real estate agent helps you:
- Find properties
- Market your home
- Advise on local market conditions
But a Massachusetts real estate attorney handles legal interpretation, compliance with state law, contract negotiation, and risk management — roles that agents are not licensed to perform.
Key Legal Roles a Real Estate Lawyer Performs in Massachusetts
When you hire a Massachusetts real estate lawyer — like the team at Percy Law Group, PC — you get legal services that can include:
Contract Drafting and Review:
Title Examination and Curing Defects:
Closing Oversight:
Regulatory and Zoning Advice:
Dispute Prevention and Resolution:
Checklist: When to Call a Massachusetts Real Estate Attorney
Use this simple checklist before making major decisions:
- Before signing a purchase & sale agreement
- When a title search reveals potential problems
- When dealing with commercial or multi-unit property
- When selling property with complex disclosures
- When refinancing or restructuring ownership interest
- When disputes arise in any phase of ownership or transfer
- When zoning, environmental, or municipal permissions are involved
If you answer “yes” to any of the above, you need a lawyer — and the sooner, the better.
Why Choose Percy Law Group, PC for Your Massachusetts Real Estate Matters
Real estate law isn’t just about signatures and closings — it’s about protecting your rights and financial stake in one of the largest investments of your life.
At Percy Law Group, PC:
- Our attorneys have decades of combined experience in Massachusetts real estate law.
- We offer personalized representation tailored to your goals.
- We intervene early to prevent issues, not just fix them.
- We guide you through legal complexities with clarity and confidence.
Whether you’re buying, selling, refinancing, or facing a property dispute, Percy Law Group, PC is your trusted partner in Massachusetts real estate law.
Final Takeaway: Don’t Wait Until It’s Too Late
Real estate transactions and disputes are legal at their core. The earlier you involve a qualified Massachusetts real estate attorney, the more you protect your rights, your money, and your future.
Most importantly: When do you need a real estate lawyer in Massachusetts? — before any legal risk becomes a real problem.
Contact Percy Law Group, PC today for a consultation that puts experience and strategy on your side.
This article is for informational purposes and does not constitute legal advice specific to any individual’s situation.