Home Buying in Boston>Question Details

Shazia770, Home Buyer in Boston, MA

Do I have to hire an attorney for buying a property in the US?

Asked by Shazia770, Boston, MA Mon Jan 13, 2014

Add some detail about your question

Help the community by answering this question:


He probably got the answer already, since the question was asked last January.
1 vote Thank Flag Link Wed Oct 1, 2014
Its not required but definitely recommended.
1 vote Thank Flag Link Mon Jan 13, 2014
It is not required but most likely the other party will hire an attorney so I would advise you hire one. For what's its worth I have never seen an attorney save a client money they usually raise alarms so that they can ring up fees. Most other states hire escrow companies but in MA we hire Attorneys. Its a nanny state but good place to invest in real estate especially if you know where to invest.
Flag Wed Jan 15, 2014
In Westchester, NY, all buyers use an attorney. You would be well advised, wherever you are purchasing, to have the professional guidance of a real estate attorney. Besides checking for proper title, there are a myriad of other things they do. You should call some repuatable attorneys to ask exactly what their services include. An attorney, along with a capable realtor would be the best way to move forward.
0 votes Thank Flag Link Fri May 16, 2014
If you will be purchasing a home in Massachusetts and obtaining financing, you will likely need to hire an attorney. It is a very worthwhile expense to make sure you are protected throughout the purchase.
0 votes Thank Flag Link Fri May 16, 2014
Not unless you want to. Title companies close real estate transactions here in the US all the time. If you aren't a US citizen hire a real estate agent that has experience working with non US citizen buyers and if you don't fully understand everything by all means consult an attorney.
0 votes Thank Flag Link Sun Mar 9, 2014
You don't have to but you can expect the seller to have one (for the purchase and sale) so you might want to also consider it.

Good luck!

Territory Real Estate
Massachusetts Destination for Home Buyer's
617 848 5407 ext 702
0 votes Thank Flag Link Fri Mar 7, 2014
No, but you should. A professional on your team for second opinions and a title policy to insure your right to ownership if challenged (you will *wish you had retained counsel) are wise.
0 votes Thank Flag Link Tue Jan 21, 2014
I see that you're identifying yourself as being from the Boston area.

What is require depends on the state. While there is no requirement for a lawyer anywhere in the US, in Massachusetts ... it is required to have a clear title before a real estate transaction can be completed and thus, at a minimum, a title company must be hired. This will run a couple hundred dollars at most.

In some states, like California, you can work through an Escrow agent and an attorney is less necessary than in some other states, like Massachusetts where there are no escrow/mediators and therefore, it would be in your best interest to have an attorney because chances are, the other party will have one.

If you reside outside of the US, there may be other complications and as has been said earlier, an attorney licensed in the state in which you plan to do business would be highly advised. I will go further to recommend that you work with an attorney that specializes in Real Estate.

The more you're willing to do and the more research and knowledge you're willing to have, the fewer people you will have hire. If this is the first time you are making a property purchase and intend on doing it more often, it may be worth it to hire a few experts for your first transaction or two and consider it tuition.
0 votes Thank Flag Link Tue Jan 14, 2014
Definitely, a good idea. Seller will have their Attorney. You as a buyer ought to have yours representing your best interests and advising you with the Purchase and Sale and other documents. They can clarify and explain legal terms you may not be familiar with. Especially, if you've never bought a property in the US, it is not mandatory but highly recommended. Good Luck!
0 votes Thank Flag Link Mon Jan 13, 2014
NO you do not need an attorney,

But you'd be crazy not to, especially being from outside the country.

I would also never use an attorney that is associated with the transaction.

What country do you live in?

Do you need a recommendation of some excellent real estate attorney's?

0 votes Thank Flag Link Mon Jan 13, 2014

I agree with all other answers. It is not required but definitely recommended.

Good luck!
0 votes Thank Flag Link Mon Jan 13, 2014
In Connecticut we DO have Attorneys on the Sellers & the Buyers side. This is a benefit and protection to both parties involved. There are many documents that are required especially when a mortgage is involved and the Attorney is there to explain and advise the buyer/seller.
0 votes Thank Flag Link Mon Jan 13, 2014
You do not have to hire an attorney to buy a property in Mass.
However, It is in your benefit to do so.
Also, it is recommended that you buy title insurance.
Best regards,
0 votes Thank Flag Link Mon Jan 13, 2014
You don't have too but it's highly recommended.

Best of luck.
0 votes Thank Flag Link Mon Jan 13, 2014

Hiring an attorney for your transaction is always recommended. There are two parts of the transaction that an attorney can assist you with. First, an attorney can negotiate your Purchase & Sale Agreement, which is important because you want to make sure you include the appropriate clauses to protect your deposit. The second part of the transaction is the closing. If you are financing your purchase, then a closing attorney will handle all of the bank paperwork, complete the HUD Settlement Statement, and conduct the closing.

I am an attorney and a broker, and I negotiate the Purchase & Sale Agreement at no cost for clients who hire me as a buyer's agent.

Hope that helps. Let me know if you need any assistance with your purchase.

All the best,

Michael P. Welsh
0 votes Thank Flag Link Mon Jan 13, 2014
It is not required but given the complexities and cost of the purchase, you would be foolish not to hire an experienced real estate attorney that focuses in the conveyance of real estate in the geographic area where you are buying. An experienced and professional attorney can not only protect your interests and deposits, but also uncover or resolve issues which may impact your ability to use the property as you intended or sell at some point in the future.
0 votes Thank Flag Link Mon Jan 13, 2014
Most definitely recommended. Feel free to contact me for further information on purchasing property in the US.
0 votes Thank Flag Link Mon Jan 13, 2014
Search Advice
Ask our community a question
Email me when…

Learn more

Copyright © 2016 Trulia, Inc. All rights reserved.   |  
Have a question? Visit our Help Center to find the answer