Seller Information

Our office specializes in real estate conveyancing. We are prepared to represent you in the sale of your real estate and to make the entire process easy and enjoyable for you. Uness we are representing one of the other parties in your sale, our office can represent you for a reasonable fee and give you the comfort you need to proceed confidently toward the sale of your home or investment property as well as in the purchase of any new real estate. Some of the services we provide when representing sellers are:

     Negotiate and prepare the purchase and sale agreement to protect your        interests and concerns.

     Resolve issues which may arise during the pendency of your sale.

     Explain the mortgage process and assist you in understanding just what your buyer’s lender's requirements mean to you.

     Assist you in resolving and clearing any issues that may be found in the           examination of your property's title.

     Prepare the deed from you to your buyer.

     Assist in the coordination of the closing and represent you at the closing,        review all closing documents and explain their meaning and significance to you.

     Facilitate IRS Section 1031 Exchanges.

     Answer questions you might have and resolve disputes that may arise at any time during the closing process.

Please call our office to discuss how we can represent you and what our fees are for these services. We look forward to hearing from you.

Matters of Interest for Sellers

            1.         MORTGAGES.  If your property is presently mortgaged, the mortgage(s) will be paid off at the time of closing using proceeds from the sale.  You will need to complete a form and return it to us right away in order that we may contact the lender(s) and make the necessary arrangements for payment.  This is very important and requires your immediate attention.  After your mortgages have been paid in full, the banks will send us discharges which the closing attorney will record at the Registry of Deeds. In the event that there is a non-institutional mortgage (i.e. one given to a private individual, trust or corporation as opposed to a bank or mortgage company), we will require that a discharge be delivered at or before the closing.  UNFORTUNATELY, THERE CAN BE NO EXCEPTION TO THIS RULE.  If you are uncertain about whether an outstanding loan is held by a private lender, please contact our office .This obligation to furnish a discharge at closing also applies to outstanding attachments or other liens.

            2.         DEED.   We will prepare the deed for your signature.

            3.         SMOKE AND CARBON MONOXIDE  DETECTOR CERTIFICATE.  Generally you will be required to produce a smoke detector/carbon monoxide detector certificate of compliance. Usually your real estate broker will contact your local fire department, arrange for an inspection, and obtain a certificate of compliance for the closing. If there is no real estate broker involved in your transaction, we will assist you in complying with this law.

            4.         ELECTRICITY, WATER, SEWER, and FUEL. We will obtain final sewer and water bills. Tanks for propane gas and oil are customarily topped off and paid for by the seller just prior to closing and the Seller is credited with the cost of a full tank at the closing. If your electricity is provided by a municipal light plant, you must coordinate the termination of service with the date of the Buyer’s purchase.   

            5.         EXPENSES. You will also be required to pay for Massachusetts Excise stamps, recording fees to discharge mortgages and other liens and to pay these items from the proceeds of the sale.

            6.         POWER OF ATTORNEY.  If you can not attend the closing, we will prepare a power of attorney for you. Please let us know so that we can apprise you of the process. In any event, the deed transferring title from you to the Buyer must be signed by you in the original and notarized.

            7.         CONDOMINIUM UNITS.  If the transaction involves a condominium unit, we will obtain a certificate pursuant to Massachusetts General Laws, Chapter 183A, Section 6(d) and first refusal waivers, if applicable. This certificate is obtained from the organization of unit owners and states the unpaid common expenses which have been assessed to the unit owner.  We will also assist you in obtaining a Certificate of Insurance naming, as insureds, the Buyer and the Buyer’s new Lender.

             8.         SALE PROCEEDS.  If the closing takes place in our office, we will make every attempt to record documents and disburse funds on the same day.  However, no matter where this transaction closes your funds will not be released to you until the deed and buyer's mortgage have been recorded at the appropriate Registry of Deeds. Your proceeds will be issued to you by a check drawn on an attorney's Trust Account, or wiring are the standard procedures in Massachusetts.  Often times, the closing documents are not recorded until the following business day, and proceeds can be wired to you if you are not available to receive your funds.

            9.         TRUST OWNERSHIP.  If your property is owned by a trust, we will prepare a  trustee’s certificate and advise you of any other requirements. 

            10.       FEDERAL TAX LAWS.  Since January 1, 1986 Federal Law requires the closing attorney to report the proceeds of the transaction to the Internal Revenue Service.  Therefore, you will need to complete an INTERNAL REVENUE SERVICE 1099S REPORTING FORM and a certification as to non-foreign status at the closing.

            12.       REAL ESTATE BROKERS:  Our office highly recommends the use of experienced professional real estate brokers. A good broker can perform numerous important functions, including the ability to properly assess the value of your property, market it effectively, insure that your buyer pre-qualifies for a mortgage, oversee the condition inspection process, oversee tests and obtain certain legally mandated certifications and effectively communicate with other parties to the transaction on your behalf. Their efforts are highly beneficial in streamlining the closing process.

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