Tag Archive for: Real Estate Contract

What Are Common Closing Costs in Massachusetts?

“What are common closing costs in Massachusetts?” This is perhaps the most common question we get from prospective buyers and sellers. Every transaction is different, so the question is not always easy to answer. However, there are some standard fees that one should expect. Read our list!

Image of a couple arm in arm looking at the Stockbridge Bowl and the Berkshire mountains. Text says What are common closing costs in Massachusetts?

Massachusetts Buyer Closing Costs

  • Recording Fees —Various documents are recorded at the Registry of Deeds at closing. The Commonwealth currently charges (as of September 2022) the following amounts for the following documents:
    • Deed – $155Mortgage – $205Municipal Lien Certificate – $80Declaration of Homestead – $35
    • Certificates and Affidavits – $105
  • Plot Plan — If you are buying a house, as opposed to unimproved land, your lawyer will almost always order a plot plan from a local surveyor to ensure that there are no encroachments on the property. This typically costs between $350 and $500.
  • Title Exam / Abstracting — Your lawyer will order the complete record of recorded documents pertaining to the property from the past 50 years from an abstractor. This typically costs between $300 and $400.
  • Municipal Lien Certificate — This is the tax certificate that shows the exact amount of the property taxes and whether any taxes are owed. Towns and cities typically charge between $25 and $50 per certificate.
  • Adjustments for Property Taxes — Property taxes are pro-rated, so you will pay the seller for any property taxes that have already been paid for the current tax period.
  • Adjustments for Propane/Fuel/Heating Oil — Buyers must pay sellers for any propane or oil that is left in the tank(s). This is calculated based on the current price per gallon and a reading of the gauge a few days before closing.
  • Title Insurance Policy — Title insurance protects owners and their lenders from financial loss resulting from a hidden defect in the title to a property. It is a one-time payment that covers homeowners for as long as they own the property. The payment is a factor of the purchase price of the property. Commonly, it’s calculated as $4.00 per every $1,000, but this can change for properties over $1 million and depends whether a lender’s policy is being issued simultaneously. You should ask your attorney to calculate this for you.
  • Legal Fee — This can vary depending on the purchase price of the property, whether the buyer is getting a mortgage, and whether any special considerations are involved.
  • Bank Fees — If you are getting a mortgage, the lender will charge various additional closing costs. These can vary greatly between lenders. Typical bank fees include underwriting fees, appraisal fees, credit checks, and rate lock fees. Your lender will provide you with a loan estimate when you apply for your mortgage.
  • Homeowner’s Insurance — The premium for the first year is usually paid at closing and can be included in your closing costs. If you are getting a mortgage, your bank will require this to ensure that the home will be insured as of the closing date.
  • Buyers do NOT pay realtors’ commission.

Massachusetts Seller Closing Costs

  • Commission to Realtors — If you are using a realtor, you will have an agreement with the realtor stating the rate of their commission. This is almost always a percentage of the sale price. A listing agent typically splits the commission with the buyer’s agent.
  • Recording Fees — Sellers do not pay to record the deed, but occasionally a seller must record a document at closing, such as a trustee certificate, easement, agreement or affidavit.
  • Transfer Tax (“tax stamp”) — Sellers in Massachusetts are required to pay a “tax stamp” when they sell property. The tax is currently set as $4.56 per every $1,000 of the sale price.
  • Unpaid property taxes, HOA dues, water/sewer bills.  

Want more information on buying and selling homes in Massachusetts? We think you’ll find our our downloadable guides of interest. Click on the images below for The Purchase and Sale Agreement and Realtors, Attorneys, and the Contract.

Buying and Selling a Home in the Berkshires The Purchase And Sales Agreement

About Lazan Glover Puciloski, LLP

Lazan Law has overseen thousands of closings over our 35 year history. And we’ve never been busier! We most frequently work with home buyers and sellers in the Berkshires: Alford, Great Barrington, Hancock, Lee, Lenox, Monterey, North Adams, Pittsfield, Richmond, Sandisfield, Sheffield, Southfield, Stockbridge, South Egremont, Tyringham, West Stockbridge, and Williamstown, as well as communities beyond the Berkshires.

Contact us if you’re about to embark on a home buying journey!

Disclaimer: The information contained herein is for informational purposes only. It does not constitute the rendering of legal or other professional advice or services. Your review of this post and/or use of the Lazan Glover & Puciloski, LLP website does not create an attorney-client or confidential relationship between you and Lazan Glover & Puciloski, LLP or any of its attorneys. Information provided herein or on the website should not be relied upon or used as a substitute for consultation with legal, accounting, tax, and/or other professional advisors.   Since any electronic communication between you and Lazan Glover & Puciloski, LLP through this website will not be privileged or confidential, it may be disclosed to other persons and may not be secure. Accordingly, please do not send any e-mail to the Firm that contains confidential or sensitive information without first speaking with an attorney at Lazan Glover & Puciloski, LLP and receiving permission to do so.

Adult using a smart phone to text about a real estate contract

Can Text Messages Form a Binding Real Estate Contract?

Adult using a smart phone to text about a real estate contract

In Massachusetts, real estate contracts or agreements must be in writing. Traditionally, this means that a real estate sale agreement must be set out in a purchase and sale agreement, signed by all parties. However, the world has gone digital; this drastically changes this rule. Can text messages form a binding real estate contract? Read on.

The changes began with email

Courts were called upon to consider whether an exchange of emails between a buyer and a seller could create a binding contract. Over time, courts have concluded that email messages exchanged between a prospective buyer and seller can, in fact, constitute a binding contract as long as the emails, taken together, show agreement on specific key points, such as the closing date, the purchase price, the deposit amount, and treatment of contingencies. Parties who may have thought they were simply exploring the possibility of a purchase or sale by email found themselves in a binding contract.

Smart phones continued the issue

The logical next question was whether parties could be bound to a real estate deal as a result of an exchange of text messages. The Land Court has answered that question in the affirmative. Of course, the context of the text messages is important and, as with emails, the essential terms of the deal must be agreed upon. However, a court will consider a string of texts together in considering whether there is a binding agreement between the parties. Thus, all of the essential terms of the deal need not be contained within a single text.

So, can text messages form a binding real estate contract?

The danger here is clear. Through a simple, informal exchange of text messages, a  property owner could inadvertently agree to bind themselves to sell their property or a prospective buyer could inadvertently agree to buy property. The moral of the story is that it is far better to seek legal assistance before you engage in any negotiation concerning real property, even an informal exchange of text messages. So can text messages form a binding real estate contract? Yes. Yes they can.

If you’d like to learn more about Berkshire realtors, attorneys, and the real estate contract, click here.

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Disclaimer:  The information contained herein is for informational purposes only. It does not constitute the rendering of legal or other professional advice or services. Your review of this post and/or use of the Lazan Glover & Puciloski, LLP website does not create an attorney-client or confidential relationship between you and Lazan Glover & Puciloski, LLP or any of its attorneys. Information provided herein or on the website should not be relied upon or used as a substitute for consultation with legal, accounting, tax, and/or other professional advisors.   Since any electronic communication between you and Lazan Glover & Puciloski, LLP through this website will not be privileged or confidential, it may be disclosed to other persons and may not be secure. Accordingly, please do not send any e-mail to the Firm that contains confidential or sensitive information without first speaking with an attorney at Lazan Glover & Puciloski, LLP and receiving permission to do so.