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Real Estate Negotiations

Massachusetts Real Estate Negotiations Attorney

Elder law and estate planning sometimes involve clients buying or selling real estate. Because a client’s real estate is often one of if not the most valuable asset, each step in the real estate negotiation process must be completed carefully to ensure that you are protected and to ensure a smooth sale transaction. Working with an attorney with years of real estate experience is strongly advisable.

Real estate transactions require focus and determination on the part of buyers and sellers. Often, real estate agents will advise that a buyer or seller does not need a lawyer and that the real estate agent will handle the “legal stuff.” If you find yourself in that situation, you must ask the real estate agent which law school they attended and when they were admitted to the legal bar in Massachusetts. The answer, inevitably, will be that they are not lawyers and you should not rely upon their professed experience when negotiating the contracts for your most valuable asset.

Each step of the process requires careful legal advice. First, the broker listing agreement often contains one-sided provisions that may be against your interest. For instance, a seller’s broker agreement may require, in some instances, that a seller pay a commission to the broker even if the property does not sell (in other words, the seller does not get paid!). A qualified attorney can help strip such one-sided provisions out of a broker listing agreement.

Second, an offer is a contract. Do not sign a contract without first having your qualified attorney review that proposed contract. Your real estate broker may pressure you to sign it without the lawyer’s involvement based on false promises that it is not a contract or you must act immediately or the buyer will walk. Again, your lawyer should have a fax machine and an email address to ensure that they can easily review a time-sensitive Offer before you sign it.

Third, the purchase and sales agreement is the final binding contract between the parties. If anything goes wrong, this is the document that controls what happens. You cannot rely on some boilerplate P&S your broker gives you because it was not drafted based upon your home, your needs, or your protection. You attorney can draft the P&S to ensure that you are protected fully throughout the transaction.

These days, in the down economy, real estate transactions have taken on a “Wild West” feeling at times. Buyers can make outrageous demands at the last minute – always trying to reduce the amount they will pay for your home. By working with an attorney, you can ensure that your signed Offer and P&S protect you against ruthless buyers.

Finally, if you are a buyer, you may have a mortgage bank providing you with financing and a closing attorney to assist in the sale. That closing attorney represents the bank’s interests not yours. All too often, buyers have a false sense of security and representation that they have a bank lawyer on their side. The fact is, the bank lawyer is there to represent the banks interests only – you need your own personal attorney throughout the process to ensure your interests are protected.

Contact a lawyer at Curley Law Firm LLP today by calling toll-free (866) 406-8582 or contacting us through our Intake Form.

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Upcoming Presentations

Protect your Home and Savings

Milano Senior Center
201 West Foster Street, Melrose, MA
Wednesday, April 29, 2020 from 2:00 p.m. – 3:00 p.m.

Protect your Home and Savings

Friends of Indian Senior Citizens Organization
Burlington Senior Center
61 Center Street, Burlington, MA
Wednesday, April 8, 2020 from 10:30 a.m. – 11:30 a.m.

Navigating the Maze of Getting Older – The Legal, Financial and Health Related Essentials for Protecting Yourself and Your Loved Ones

Artis Senior Living
1100 Main Street, Reading, MA
Wednesday, February 26, 2020 from 5:30 p.m. – 7:00 p.m.

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Topsfield Senior Center
Topsfield Council on Aging
Thursday, September 19, 2019 from 12:15 p.m. – 1:15 p.m.

Protect your Home and Savings Against the Risk of MassHealth and Long Term Care Costs

North Shore Elder Services
300 Rosewood Drive, Suite 200, Danvers, MA
Wednesday, August 7, 2019 from 1:00 p.m. – 2:00 p.m.

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Jenks Senior Center
Winchester Council on Aging
Thursday, June 13, 2019 from 10:00 a.m. – 11:00 a.m.

North Shore Elder Services

Protect your Home, Savings and Independence

Parkinson’s Support Group
Beverly Senior Center
Monday, May 13, 2019 from 1:00 p.m. – 2:00 p.m

Estate Planning for Baby Boomers and Seniors

Mayor Jean A. Levesque Community Life Center
401 Bridge Street, Salem, MA
Thursday, May 9, 2019 from 4:00 p.m. – 5:00 p.m.

Jenks Center Resource Fair

Winchester Council on Aging
Winchester, MA
Wednesday, May 8, 2019 from 1:30 p.m. – 3:30 p.m.

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In Depth Practice Info

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Curley Law Firm LLP
One Common Street
Wakefield, MA 01880

Toll Free: 866-406-8582
Fax: 781-245-9399
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