Home Selling in 01854>Question Details

Damselfly2, Home Seller in Lowell, MA

Attorney or Title Company?

Asked by Damselfly2, Lowell, MA Sun Sep 21, 2008

I am selling my condo on my own because, well, I don't have the option of paying a realtor's commission. Can I use a title company for all paperwork (P&S, disclosure statements, etc) or do I need an attorney for this part?

Help the community by answering this question:


Hi Damel,

I would use an attorney. Title companies are for the most part prohibited from doing this type of business in MA, as it is either practicing law, or being a realtor/broker without a license.

The seller is responsible for preparing the P & S , so you would need an attorney to do that. An attorney should be the same cost as a title company, so cost should not be a factor in your decision.
0 votes Thank Flag Link Wed Sep 24, 2008
Once you and an Buyer have come to an agreement, you can pay for the services of a real estate agent to prepare the P&S (using forms approved by the MA Association of Realtors or MA Real Estate Commission. They can also provide the various disclosure statements that you would complete and sign. This would not be true representation, but simply providing a service which you would pay for.

I recommend Phenix Title for you title work and closing. Their Massachusetts office is located in Burlington, and a real estate attorney can check over all paperwork for you. Compare costs and services. As an agent licensed in both Mass and New Hampshire, I can tell you that title companies routinely take care of 98% of all the closings in New Hampshire. The Buyer's bank may also be able to offer services but keep in mind that they work for the BANK and not for the Buyer and certainly not for you, the Seller.

I'm sorry to hear that you feel you don't have the option of paying a commission. If you decide that you'd at least like to explore that option, please feel free to get in touch, maybe I can help. I wish you all the best, in any case...

Valerie Cloutier, REALTOR®, e-Pro®
Accredited Buyer Representative (ABR®)
~ NH & MA Real Estate Services ~
Innovative Realty * Londonderry, NH

603-965-5197 Cell
800-746-8448 x424 Toll Free
603-425-1193 Fax
Web Reference: http://www.SNHhome.com
1 vote Thank Flag Link Wed Sep 24, 2008

We suggest that you look into the services provided by both a title company and an attorney and what this will cost you. There seems to be some confusion about the process.
0 votes Thank Flag Link Wed Sep 24, 2008
Typically the buyer hires the individual to transfer the deed/do the title work (can be their bank or attorney). Make sure if you do FSBO that you use some of the marketing tools now available to get you in front of buyers/buyers agents the right way.

Good luck!
0 votes Thank Flag Link Mon Sep 22, 2008
I am curious, when you say that you don't have the option of paying a Realtor, does that mean that you are intentionally selling your property for under market value?

You should know that in most cases owners selling without professional representation will average about 16% LESS than homes sold by Realtors. I encourage you to interview three Realtors, then analyze your options carefully. It would be a shame to have you sell for less than your home is worth.
0 votes Thank Flag Link Sun Sep 21, 2008
Keith Sorem, Real Estate Pro in Glendale, CA
You can pay a realtor or an attorney, why not use a realtor who will help you sell it and get you a higher price for your property in a quicker amount of time. the extra they get for your home will outweigh the cost of paying a commission. if you go it alone make sure you know what state and federal disclosures you need to give a buyer, how to negotiate, assist with inspections, assist with finding the buyer a mortgage and assist with closing. you really need someoen to look out for your interest. commissions are negotiable, so find a broker willing to work with you on your terms. good luck with your sale
Web Reference: http://www.ScottSellsNH.com
0 votes Thank Flag Link Sun Sep 21, 2008
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