Buyers | Sellers | Offer | Purchase & Sale | Walkthrough | Closing | Title Claims & Disputes | Landlord/Tenant | Commercial Real Estate | Condo Doc Review | Condo Conversion | Condo Representation | Real Estate Trusts
Buying or selling a home is a significant undertaking. It often begins as an exciting process, with prospective homebuyers and sellers dreaming of new beginnings and a better quality of life. But given the complexity of residential real estate transactions, headaches are likely to arise, and without the proper guidance, that excitement can quickly turn to stress and frustration. This is where we come in – to provide professional and experienced legal counsel so that our clients can rest easy knowing their rights are protected and that a qualified team is in place to ensure everything moves as smoothly as possible.
At DaMore Law, we have represented clients in over 12,000 real estate transactions over the past 20 years. Voted 2017 & 2018 Wicked Local Reader’s Choice Best Local Law Firm, we are unmatched in professionalism, experience and customer satisfaction. Here are some highlights of what we offer:
- Highly reasonable flat fees for buyers and sellers in basic transactions.
- Discounts for first time homebuyers, veterans, and first responders.
- Complimentary power of attorney so sellers need not attend the closing.
- Complimentary Purchase and Sale (P&S) review for the buyer when we handle closing.
- Complimentary P&S preparation for listing agents.
- Flexibility in scheduling and willingness to travel throughout MA, NH & VT.
- In-house title provided by our attorneys (DaMore Law is an authorized agent of First American Title Insurance Company, Old Republic National Title Insurance Company and Fidelity National Title Company).
- Lawyer-on-Call every weekend.
What we do for buyers
In most cases, purchasing a home is the biggest financial transaction of one’s life. Yet, Massachusetts contract law follows the principle of “caveat emptor,” or “buyer beware.” This means that the buyers assume the risk of defects when purchasing a property. Buyers must do their own due diligence, so representation by an experienced real estate attorney is crucial. At DaMore Law, we will help you with:
- Offer to Purchase. Most people overlook the significance of the offer to purchase, but it is actually a legally binding contract, the terms of which will carry over into your Purchase and Sale Agreement. If you come to us early enough in the process, we will review your offer and provide guidance if necessary.
- Purchase and Sale Agreements. The Purchase and Sale Agreement (P&S) is the contract that will govern your entire real estate transaction. With your life savings on the line, it is imperative for an experienced attorney to analyze the fine print of your P&S and ensure that it includes the proper clauses to protect your rights and interests. Unfortunately, real estate disputes are not uncommon, and only a properly drafted P&S can protect you should any issues arise.
- Walkthrough issues. Nothing is worse than walking through your soon-to-be new home the morning of the closing and discovering something has been damaged or removed, or unwanted items have been left behind. In these situations, we will contact the seller’s attorney and negotiate a remedy to help ensure you close as scheduled, without any additional headaches.
- If you are purchasing with lender financing, we can handle the closing for both you and the bank. This makes for a controlled, smooth transaction. Our highly experienced attorneys and paralegals will go over all financial figures with you prior to closing so that we have ample time to answer any questions.
What we do for sellers
Many believe that while buyers may need representation, sellers can easily navigate the process by themselves. This is simply not true. Experienced representation is crucial to ensure that your rights as a seller are protected. DaMore Law helps sellers with:
- Offer to Purchase & Purchase and Sale. These documents are just as legally binding and significant for sellers as they are for buyers. A seller’s interests are different from a buyer’s, and we know how to word your P&S properly to provide maximum protections for a seller.
- Complimentary power of attorney so you do not need to attend the closing. For no additional cost, we will arrange for you to sign a power of attorney allowing one of our attorneys to sign your closing documents for you. This means you will never have to travel to your closing, or waste precious time sitting in a closing room.
- Title issues. For nearly every purchase of a property, a title examination is performed. This means that an authorized title examiner will check the chain of title for the property for the past 50 years and make sure there are no outstanding liens or encumbrances. If something turns up during the examination of your property, it is imperative that you resolve the issue prior to closing. Our office will obtain the necessary paperwork and arrange payoffs so that your title is clear and there are no issues that will prevent you from closing.
- Walkthrough issues at closing. It is a seller’s nightmare to be notified the morning of the closing that the buyer is unhappy with the state of the property and does not want to continue with the purchase. If this happens to you, our attorneys will make sure the buyer’s complaint is legitimate, and if so, will negotiate with the buyer’s attorney to come to a favorable arrangement so the sale can continue as scheduled.
- Mortgage payoffs and disbursement of funds. We will take care of using the proceeds from your sale to pay off any outstanding mortgages or other liens on the property, and we will wire your proceeds to you or send you a check (whichever you prefer). If you are selling one house and buying another, we can represent you in both transactions to ensure a smooth transfer of funds from one property to the other.
Other real estate matters
- Title claim and dispute resolution. Title refers to legal ownership of a property. A “cloud” on title occurs whenever there is an unreleased lien or encumbrance on the property. The issue must be resolved, or the title cannot be transferred to the new buyer. An example would be if the mortgage of a prior owner was never properly discharged. Sometimes clearing a title issue is as easy as obtaining an unrecorded discharge, and other times the matter must be litigated. Whether the defect is in the title of the property you are purchasing or selling, our office will help make sure it is resolved prior to closing.
- Landlord/tenant representation. There are a host of laws that govern the relationship of landlords and tenants in Massachusetts, providing both with specific rights and obligations. Our office represents both landlords and tenants in disputes over leases, security deposits, property damage, evictions and more. Whether you need a demand letter drafted and sent, or you need to file a lawsuit, we can help you at any stage of the process.
- Commercial real estate. Generally, real estate is considered commercial when it is used for business purposes. The purchase and sale of commercial real estate is more complex than that of residential transactions, especially given the lengthy contracts that tend to be involved. Our office has many years of experience handling commercial real estate transactions and can assist you from the offer through the closing.
- Condominium document review. Anyone who has ever purchased a condominium unit knows that there are often hundreds of pages of documents that need to be reviewed prior to purchase. These documents contain crucial information, such as the by-laws of the condo association. Sometimes even after a purchase, conflicts arise and you need a skilled attorney to comb through the fine print for documentation supporting your case. Our attorneys know what to look for and how to interpret the legal language in these types of documents.
- Condominium conversion. A popular trend today is for property owners to convert their property into multiple units and sell them to others as condominium units. Depending on the real estate market, this might make a lot of financial sense, especially if the property is already set up as a multi-family. Our office can work with you to create a master deed and the other governing documents necessary for your new condominium, and can connect you with the various other vendors you will need for this project.
- Condominium association representation. Sometimes a condominium association will need representation in legal actions brought by or against a tenant, unit owner, contractor or other vendor. Our office can handle a wide range of issues and can offer services from simple contract review and advice to complex litigation.
- Trust preparation, review and interpretation. Many clients wish to transfer property into an existing trust, or to have one created for that purpose. At DaMore Law, we can advise you on the best type of trust for your needs, review trust documents that are already in existence or draft a new set of trust documents, and transfer title into your trust.