ContractsCounsel Logo
Home Blog Massachusetts Real Estate Law

Jump to Section

ContractsCounsel has assisted 82 clients with property sale agreements and maintains a network of 55 real estate lawyers available daily.

Massachusetts real estate law is governed by a set of rules and principles that handle the ownership, use, and transfer of immovable property within the state. This statute dictates the rights of purchasers, vendors, tenants, and other parties involved in transactions related to land. The following outline presents some important aspects of Massachusetts real estate law and discusses its implications for fostering genuine and open realty dealings.

Key Aspects of Massachusetts Real Estate Law

Below are some key issues in Massachusetts’ real estate law.

  • Deeds/Title Transfer: For each real estate transaction, the core document is a deed—the legal instrument that conveys ownership from one party to another. In Massachusetts, a warranty deed is the most commonly used kind of deed, which implies that the seller possesses a clear title to transfer to the buyer. Quitclaim deeds may be employed in particular cases.
  • Contracts for Sale: Many people who purchase or sell houses utilize an agreement for sale. This binding contract contains all specifications related to such deals as purchase price, unforeseen events, and responsibilities for both sides involved in it. It also touches on significant details, including the closing date and financial arrangements, among other special terms or warranties also contained herein, making it possible for one to protect his/her interests through this period with a competent attorney who can review and negotiate the procurement contract.
  • Closing Process: During the closing procedure, property ownership changes hands from seller to buyer after the execution of the exchange itself. The presence of an attorney or representative from the title company at a closing ceremony in Massachusetts assures compliance with correct procedures, including formalities and financial requirements. This includes money exchange, proper paperwork completion, and recording of deeds Closing process must be done meticulously if any transfer of ownership is to take effect.
  • Landlord-Tenant Relations: There is specific legislation in place throughout Massachusetts regarding leasehold rights between landlords and tenants to defend their respective interests. These rules relate to several areas surrounding landlord-tenant relationships, such as leases, security deposits, rent hikes, eviction procedures, and policies. For instance, Massachusetts laws afford tenants the right to recover security deposits but place tight restrictions on these deposits. To have a fair and friendly rental relationship, landlords and tenants should be aware of certain guidelines that they must adhere to.
  • Zonal Laws: Zoning regulations in Massachusetts delineate permitted land uses within various neighborhoods to maintain their character and identity. Municipal authorities expound zoning rules that define use types for land areas, density specifications, maximum building height, and minimum setback limits, among others. It is mandatory to comply with these guidelines during construction or any alteration of real estate to demonstrate compliance with prescribed zoning standards. Sometimes zoning variances may be requested; however, it is wise to negotiate these processes through legal experts who are well conversant with Massachusetts’ zoning laws.
  • Environmental Regulations: Environmental preservation is highly valued in Massachusetts, and several environmental regulations can affect real estate transactions. These laws cover a lot of ground, including environmental site assessments, protection of wetlands, control of hazardous materials, and dedication to conservation, among others. In Massachusetts, wide-ranging environmental audits must be conducted to identify and remediate any pollution hazards on sites and to promote proper land redevelopment and reuse. Massachusetts desires to encourage behaviors that are ecologically friendly, reduce environmental risks, and make its real estate industry sustainable for the long term.
  • Disclosure Requirements: Under Massachusetts real estate law, some things must be disclosed to potential buyers, like known defects or conditions about houses, such as the presence of lead paint, among many other issues, to remove surprises from the process.
  • Condominium Law: There are set rules governing the creation, administration, and management of condominiums in Massachusetts. Some important principles are the rights and duties of condo owners, establishment procedures for condo associations, common areas, assessments, disputes between unit owners, etc.

Benefits of Massachusetts Real Estate Law

A few key advantages that come with Massachusetts real estate law include:

  • Provides Legal Protection: Massachusetts’ real estate law has protective measures for purchasers, sellers, landlords, or tenants, which establish specific policies & guidelines minimizing disagreements while providing an avenue for redress.
  • Gives Assurance of Title To Property: The legislation guarantees clear title ownership by purchasers by eliminating potential hidden claims or defects, reducing future legal problems relating to buyers' investment security.
  • Boosts Customer Confidence: It is meant to ensure customers develop confidence when they buy properties in MA. Disclosure about these properties will enable them to make informed decisions that do not expose them to surprises or fraudulent acts.
  • Implements Fair Housing Act: These rules aim to build an inclusive community and promote fair housing opportunities. For example, in housing discrimination suits based on any protected class (race/religion/sex/disability/family status), the state’s statutes provide a legal basis for all aggrieved persons complaining against discriminatory practices within this jurisdiction.
  • Plans Land Use: Massachusetts real estate law is also concerned about zoning provisions and land use planning to conserve local character and integrity. They encourage planned growth, ensure that different land uses are compatible, and safeguard locals' quality of life.
  • Focuses on Economic Growth: To create a strong legal basis for honest and transparent transactions and thus boost the market, Massachusetts’ real estate legislation has encouraged active economic development. It has a positive effect on the state economy by creating jobs as well as attracting more investment.
Meet some lawyers on our platform

Jeremiah C.

108 projects on CC
CC verified
View Profile

Brian S.

16 projects on CC
CC verified
View Profile

Umar F.

3 projects on CC
CC verified
View Profile

Daniel R.

152 projects on CC
CC verified
View Profile

Drawbacks of Massachusetts Real Estate Law

Some disadvantages of Massachusetts real estate law are:

  • Complexity: The laws underpinning property in MA can be complex since they comprise various legislations, regulations, and legal processes.
  • Compliance Burden: People or companies engaged in any form of transaction related to properties within this area may have additional duties due to compliance with these rules.
  • Potential Delay: There must be strict adherence to Massachusetts's real estate laws when closing deals, leading to delays. Comprehensive due diligence was conducted, documentation prepared, and legal procedures followed all work towards extending transaction timescales.

Key Terms for Massachusetts Real Estate Law

  • Zoning: To categorize land into zones or districts based on their intended use, such as residential, commercial, and industrial, among others.
  • Homestead Protection: This legal exemption helps to protect homeowners’ equity against some debts and claims.
  • Foreclosure: Lenders can, therefore, take back a property when the borrower defaults in repaying the loan or mortgage.
  • Condominium: This refers to a type of real estate ownership where people own apartments within a collective building or development.
  • Easement: It means when someone granted an easement for the right of access or utility line.

Final Thoughts on Massachusetts Real Estate Law

Massachusetts real estate law is very important in property dealings in the state. There should be fairness, transparency, and safety for every party involved, including buyers and sellers, landlords, tenants, and developers. Deeds, titles, contracts, zoning, landlord-tenant relationships, and other important components are governed by rules that make it possible for people to confidently and legally navigate the real estate process.

If you want free pricing proposals from vetted lawyers that are 60% less than typical law firms, Click here to get started. By comparing multiple proposals for free, you can save the time and stress of finding a quality lawyer for your business needs.


ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


Need help with a Property Sale Agreement?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 11,555 reviews

Meet some of our Lawyers

Karl D. S. on ContractsCounsel
View Karl D.
4.7 (2)
Member Since:
October 28, 2022

Karl D. S.

Attorney
Free Consultation
Middlebury, Connecticut
12 Yrs Experience
Licensed in CT, MA
Pepperdine University School of Law

Karl D. Shehu, has a multidisciplinary practice encompassing small business law, estate and legacy planning, real estate law, and litigation. Attorney Shehu has assisted families, physicians, professionals, and people of faith provide for their loved ones by crafting individualized estate and legacy plans. Protecting families and safeguarding families is his passion. Attorney Shehu routinely represents lenders, buyers, sellers, and businesses in real estate transactions, researching and resolving title defects, escrowing funds, and drafting lending documents. To date, Attorney Shehu has closed a real estate deal in every town in Connecticut. As a litigator, Attorney Shehu has proven willing to engage in contentious court battles to obtain results for his clients. While practicing at DLA Piper, LLP, in Boston, Attorney Shehu represented the world’s largest pharmaceutical companies in multidistrict litigations filed throughout the United States. He has been a passionate advocate for immigrants and the seriously injured, frequently advising against lowball settlement offers. He is willing to try every case to verdict, and he meticulously prepares every case for trial. Attorney Shehu began his legal career as a consumer lawyer, utilizing fee-shifting statutes to force unscrupulous businesses to pay the legal fees of aggrieved consumers. For example, in Access Therapies v. Mendoza, 1:13-cv-01317 (S.D. Ind. 2014), Attorney Shehu utilized unique interpretations of the Trafficking Victims Protection Act, Truth-in-Lending Act, and Racketeer Influenced and Corrupt Organizations Act (RICO) to obtain a favorable result for his immigrant client. Attorney Shehu is a Waterbury, Connecticut native. He attended Our Lady of Mount Carmel grammar school, The Loomis Chaffee School, and Chase Collegiate School before earning degrees from Boston College, the University of Oxford’s Said Business School in England, and Pepperdine University School of Law. At Oxford, Karl was voted president of his class. Outside of his law practice, Attorney Shehu has worked to improve the world around him by participating in numerous charitable endeavors. He is a former candidate for the Connecticut Senate and a parishioner of St. Patrick Parish and Oratory in Waterbury. In addition, Attorney Shehu has written extensively on the Twenty-fifth Amendment and law firm retention by multinational firms.

Orin K. on ContractsCounsel
View Orin
5.0 (3)
Member Since:
October 24, 2021

Orin K.

Partner
Free Consultation
New York
20 Yrs Experience
Licensed in NY
New York Law School

I'm an employment lawyer. I counsel and represent employees in all professions, from hourly workers to doctors and executives, and all in between. I also counsel and represent employers in many aspects of employment law.

Lolitha M. on ContractsCounsel
View Lolitha
5.0 (3)
Member Since:
October 27, 2021

Lolitha M.

Managing Prinicipal
Free Consultation
Homewood, IL
3 Yrs Experience
Licensed in AL, MO
University of Illinois at Chicago Law School

Small firm offering business consultation and contract review services.

Scott S. on ContractsCounsel
View Scott
5.0 (47)
Member Since:
October 27, 2021

Scott S.

Attorney
Free Consultation
New York, NY
17 Yrs Experience
Licensed in NY
Benjamin Cardozo School of Law

Scott graduated from Cardozo Law School and also has an English degree from Penn. His practice focuses on business law and contracts, with an emphasis on commercial transactions and negotiations, document drafting and review, employment, business formation, e-commerce, technology, healthcare, privacy, data security and compliance. While he's worked with large, established companies, he particularly enjoys collaborating with startups. Prior to starting his own practice in 2011, Scott worked in-house for over 5 years with businesses large and small. He also handles real estate leases, website and app Terms of Service and privacy policies, and pre- and post-nup agreements.

Gamal H. on ContractsCounsel
View Gamal
5.0 (1)
Member Since:
October 31, 2021

Gamal H.

Attorney
Free Consultation
New York City
26 Yrs Experience
Licensed in NY
New York Law School

I am a commercial contracts attorney with twenty years of experience. I have represented major corporate clients including Amazon, Marvel, and Viacom as well as independent entertainment professionals and technology startups.

Michelle F. on ContractsCounsel
View Michelle
Member Since:
January 24, 2022

Michelle F.

Attorney
Free Consultation
New York
6 Yrs Experience
Licensed in NY
Touro College Jacob D. Fuchsberg Law Center

I provide comprehensive legal and business consulting services to entrepreneurs, startups and small businesses. My practice focuses on start-up foundations, business growth through contractual relationships and ventures, and business purchase and sales. Attorney with a demonstrated history of working in the corporate law industry and commercial litigation. Member of the Bar for the State of New York and United States Federal Courts for the Southern and Eastern Districts of New York, Southern and eastern District Bankruptcy Courts and the Second Circuit Court of Appeals. Skilled in business law, federal court commercial litigation, corporate governance and debt restructuring.

Steve C. on ContractsCounsel
View Steve
Member Since:
October 26, 2021

Steve C.

Principal | Attorney
Free Consultation
Irvine
25 Yrs Experience
Licensed in CA
Loyola Law School

I am a corporate and business attorney in Orange County, CA. I advise start-ups, early-growth companies, investors, and entrepreneurs in various sectors and industries including technology, entertainment, digital media, healthcare, and biomedical.

Oscar B. on ContractsCounsel
View Oscar
Member Since:
October 28, 2021

Oscar B.

Attorney
Free Consultation
Saint Petersburg, FL
22 Yrs Experience
Licensed in FL
Stetson University, College of Law

Oscar is a St. Petersburg native. He is a graduate of the University of Florida and Stetson University, College of Law. A former US Army Judge Advocate, Oscar has more than 20 years of experience in Estate Planning, Real Estate, Small Business, Probate, and Asset Protection law. A native of St. Petersburg, Florida, and a second-generation Gator, he received a B.A. from the University of Florida and a J.D. from Stetson University’s College of Law. Oscar began working in real estate sales in 1994 prior to attending law school. He continued in real estate, small business law, and Asset Protection as an associate attorney with the firm on Bush, Ross, Gardner, Warren, & Rudy in 2002 before leaving to open his own practice. Oscar also held the position of Sales & Marketing Director for Ballast Point Homes separately from his law practice. He is also a licensed real estate broker and owner of a boutique real estate brokerage. As a captain in the US Army JAG Corps, he served as a Judge Advocate in the 3rd Infantry Division and then as Chief of Client Services, Schweinfurt, Germany, and Chief of Criminal Justice for the 200th MP Command, Ft. Meade, Maryland. He is a certified VA attorney representative and an active member of VARep, an organization of real estate and legal professionals dedicated to representing and educating veterans. Oscar focuses his practice on real small business and asset protection law.

Rachael D. on ContractsCounsel
View Rachael
Member Since:
October 28, 2021

Rachael D.

Attorney
Free Consultation
New York
12 Yrs Experience
Licensed in NY
Touro Law

We help simplify every transaction and provide a superior level of customer service to create long lasting and trusted relationships with our clients. Our goal is to guide our clients with practical and zealous legal representation and eliminate the difficult nature of any legal transaction.

Yoann E. A. L. on ContractsCounsel
View Yoann E. A.
Member Since:
October 29, 2021

Yoann E. A. L.

Attorney
Free Consultation
California
5 Yrs Experience
Licensed in CA
Concord Law School at Purdue University Global

For over 15 years, I accumulated both hands-on technical and business experience as an IT engineer and entrepreneur, enabling me to understand your challenges probably better than anyone else on the legal market! My California-based full-online practice focuses on: - Intellectual Property (Copyright / Trademarks) - Privacy / Data Protection - Commercial matters (e.g. service contracts) - Corporate (e.g. incorporation, restructuring)

Melanie C. on ContractsCounsel
View Melanie
Member Since:
October 31, 2021

Melanie C.

Business & Intellectual Property Attorney
Free Consultation
NY/NJ
20 Yrs Experience
Licensed in NJ, NY
Emory University School of Law

Melanie Cunningham specializes in helping entrepreneurs remain creative and expansive by establishing the foundation of their business and protecting and maximizing their intellectual property. It’s her belief that entrepreneurs and micro and small business owners play a critical role in our communities, which propelled Melanie to return to private practice after more than a decade working for global financial institutions. Melanie’s practice is dedicated to delivering excellent legal support and protection to this vital, but an often underserved, community. Melanie credits her business training and the skills developed as a senior compliance officer with enabling her to help small business owners have a legally compliant business, while proactively advising clients during the growth process. She’s helped diverse entrepreneurs do business in a way that focuses more on collaboration than competition. Melanie has counseled small business owners in determining what is protection worthy (helping them obtain trademarks and copyrights) and making contact on their behalf in the case of infringement.

Find the best lawyer for your project

Browse Lawyers Now

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

Need help with a Property Sale Agreement?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 11,555 reviews
CONTRACT LAWYERS BY TOP CITIES
See All Real Estate Lawyers

Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.

View Trustpilot Review

I never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.

View Trustpilot Review

I got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.

View Trustpilot Review

Need help with a Property Sale Agreement?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 11,555 reviews

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city