Home Buying in Massachusetts>Question Details

katt, Both Buyer and Seller in Massachusetts

Found a property and wish to make an offer with a contingency of sale of present home, can an Attorney prepare the offer?

Asked by katt, Massachusetts Mon Feb 20, 2012

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An attorney can absolutely prepare the offer for you.

In conjunction with an attorney you should consider using a buyers agent. They can do all the coordinating and running around for you at no cost to you. (commission to the buyers agent is paid by the seller)

Regardless of whether you use an attorney or an agent to write the offer, make sure the contingency is written in a manner, so that if you house does not sell your are not obligated to purchase the new home and you deposit money can be returned to you.
1 vote Thank Flag Link Tue Feb 21, 2012
Hi Katt!

You can certainly have an attorney write the offer, but you will be much better served by an agent who has a better understanding of the local real estate market and can negotiate for the best price and terms FOR YOU!

There is no fee to you for using a buyer agent and you can actually SAVE money by doing so. Feel free to contact me directly if you'd like to discuss this further.

Good luck!
2 votes Thank Flag Link Mon Feb 20, 2012
I would use an attorney that specializes in real estate.
All attorneys do real estate, but you often learn too late that they aren't real estate specialists - especially in the case of a FSBO: in MA, there is usually a reason the property is not in MLS, and sometimes it is complicated.


(Please note: when you choose an answer as a Best Answer, or at least give a thumbs up, it helps those who answer questions here.)
0 votes Thank Flag Link Wed Feb 22, 2012
I see that happen on FSBO's. At least with an agent they pull comps to back up the offer. A buyer agent will go to the inspection with you and help sell your existing home.
I would never advise someone to accept a contigency where the person was going to attempt to sell their own home or price it above market value.

Make sure your home is staged and ready to go at full potential. Have the repairs done now and put it on the market first with a contingency to find suitable housing.
0 votes Thank Flag Link Wed Feb 22, 2012
Sure! They should have an offer template or they can pull an offer template from GBREB site. Make sure you are working with a real estate attorney.

If you are looking for a more do it yourself approach but want to make sure you are paying the right price we are happy to do to a CMA for you and draw up the offer. Check out how we work:
http://territory.com/buy_and_save/cash_back


Good luck!
Web Reference: http://territory.com/
0 votes Thank Flag Link Tue Feb 21, 2012
yes he can but your realtor can write the offer and add the contingency too at not cost to you
0 votes Thank Flag Link Mon Feb 20, 2012
You can use an Attorney however, I agree with Judy, Realtors deal day in & day out with offers,negotiations, local market conditions, short sales etc. . Realtors are members of the local MLS ( most Attorneys even real estate attorneys are not ) so a Realtor is better informed about home prices. As long as you find a local, full time buyer's agent, I feel you will be better served by a real estate agent and there is no cost to you.
0 votes Thank Flag Link Mon Feb 20, 2012
An attorney can prepare the offer. I know several specializing in RE and would happily share if you email.
0 votes Thank Flag Link Mon Feb 20, 2012
Katt.

Yes you will want to work with an attorney who specializes in Real Estate. Please feel free to message me if you have any other questions or you need a referral I work with several great attorneys.

Best of Luck!
0 votes Thank Flag Link Mon Feb 20, 2012
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