You have found the home. The offer has been accepted. The inspection is done. Now your closing date is approaching and someone mentions you need a real estate attorney — but nobody has clearly explained what that attorney actually does, why Massachusetts requires one, or how to make sure the right person is looking out for your interests.
If this sounds familiar, you are not alone. The closing process is one of the most financially significant events most people experience, and yet it is also one of the least understood. This guide breaks down exactly what a real estate attorney does at a Massachusetts closing — in plain English — so you can walk in prepared and confident.
Massachusetts Requires an Attorney at Every Real Estate Closing
First, the key fact that surprises many buyers and sellers who are relocating from other states: Massachusetts is what is known as an “attorney state.” State law requires that a licensed attorney oversee and conduct every residential real estate closing. This is not optional, and it is not just a formality.
Most other states handle closings through title companies or settlement agents. Massachusetts does not permit this. The legal tasks involved in transferring property — certifying title, preparing and recording the deed, managing funds — are considered the practice of law in Massachusetts, and only a licensed attorney can perform them.
In most purchase transactions, the lender appoints a closing attorney to handle the process. The buyer typically pays that attorney’s fees as part of their closing costs. However — and this is a critical point many buyers do not realize — the lender’s closing attorney represents the lender, not you. Their job is to protect the bank’s interest in the transaction. They are not there to advocate for yours.
This is why having your own real estate attorney is so important, particularly for buyers and for anyone navigating a complex transaction.
What the Closing Attorney Actually Does
Whether you are working with the lender’s attorney, your own attorney, or both, here is a breakdown of what a Massachusetts real estate attorney handles from the time a property goes under agreement through the closing itself.
Reviewing and negotiating the Purchase and Sale Agreement. The Purchase and Sale Agreement — commonly called the P&S — is the binding contract that governs the terms of the transaction. It is one of the most important documents in the entire process, and Massachusetts standard P&S forms have historically favored the seller’s interests. A buyer’s attorney reviews this document carefully, negotiates additional protections, removes harmful provisions, and makes sure the agreement reflects what was actually agreed to in the offer. Without your own attorney at this stage, you may sign a contract that does not fully protect you.
Conducting the title search. Before any closing can take place, the attorney conducts a thorough title search — a review of the property’s ownership history at the Registry of Deeds going back decades. The goal is to confirm that the seller has clean, clear, and marketable title to the property and that there are no liens, unpaid taxes, judgments, easements, or other encumbrances that could create problems after you take ownership. If a title defect is discovered, the attorney works to resolve it before closing.
Ordering a plot plan. The attorney also orders a plot plan — a limited survey of the property’s boundary lines — to check for encroachments. An encroachment is when a structure, fence, or other improvement crosses a property line. These situations need to be identified and addressed before closing, not after.
Coordinating title insurance. The closing attorney coordinates the issuance of title insurance policies. A lender’s title insurance policy protects the bank against title defects. An owner’s title insurance policy — which is separate and optional, though strongly recommended — protects you personally as the buyer. If a title issue surfaces after closing, your owner’s policy covers legal costs and financial losses. It is a one-time premium paid at closing that provides coverage for as long as you own the property.
Obtaining a municipal lien certificate. The attorney obtains a municipal lien certificate from the city or town where the property is located. This document confirms that all property taxes, water and sewer bills, and other municipal charges are paid and current. Any outstanding balance must be resolved at or before closing.
Preparing closing documents. In the lead-up to closing, the attorney prepares or reviews all of the key documents — including the deed, the mortgage, the promissory note, the Closing Disclosure, and the settlement statement. These documents are reviewed with the buyer and seller at the closing table to make sure everything is accurate and understood before signatures are collected.
Managing the closing funds. The closing attorney is responsible for all money that flows through the transaction. This includes receiving wire transfers, collecting funds from the buyer, paying off the seller’s existing mortgage, distributing proceeds to the seller, and disbursing payments for taxes, insurance, and other closing costs. Every dollar is accounted for through the settlement statement.
Recording the deed at the Registry of Deeds. Once all documents are signed and funds are confirmed, the attorney records the deed and mortgage at the appropriate Registry of Deeds. This is the official act that transfers ownership of the property from the seller to the buyer. Until the deed is recorded, the transfer is not complete.
The Lender’s Attorney vs. Your Own Attorney — Why the Difference Matters
In many Massachusetts transactions, buyers choose to have the lender’s closing attorney also represent them — a practice known as dual representation. It is convenient and can reduce the number of parties coordinating at the closing table.
But dual representation has limitations. The lender’s attorney is primarily there to protect the bank’s mortgage interest. If a conflict arises between your interests and the lender’s, that attorney cannot fully advocate for you. And the P&S negotiation stage — where a buyer’s attorney can add significant protections — typically happens before the lender’s attorney is even involved.
Having your own real estate attorney means someone is reviewing every document with your interests as the sole priority, from the purchase offer through the final recording. For first-time homebuyers, buyers purchasing in competitive markets, and anyone dealing with a complex transaction, independent representation is worth every dollar.
Buying or Selling in Greater Boston or the North Shore?
At Zaheer Law Group, we guide buyers and sellers through real estate closings across Lynnfield, Lynn, Salem, Wakefield, Medford, and communities throughout Greater Boston and the North Shore. We review and negotiate Purchase and Sale Agreements, conduct title searches, coordinate title insurance, and represent your interests at the closing table — all with the affordability and personal attention that larger firms simply do not offer.
Jay Zaheer is also an active speaker at first-time homebuyer events through CHAPA and Medford Community Housing, so helping people navigate the homebuying process is something we genuinely care about — not just something we do.
Schedule your free 15-minute consultation today — no pressure, just answers. Call us at (978) 301-6100 or contact us online. Let us make your closing go smoothly.
This article is for informational purposes only and does not constitute legal advice. Consult an attorney for guidance specific to your situation.