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Real Estate Buying or selling a home is a frustrating and emotional experience. On the one hand the buyer is making what is frequently the single largest investment that he/she will make in his/her life. On the other hand the seller is often faced with problems as diverse as correcting deficiencies in the property or attempting to coordinate the sale with a purchase of another property. These types of pressures often result in parties executing an Offer to Purchase without first obtaining competent legal advice. The Supreme Judicial Court of Massachusetts has held that an Offer to Purchase is a legally binding document that may be enforced, in some cases, whether or not a Purchase and Sale Agreement is ever signed by the parties. As a result, it is imperative that both buyer and seller, understand the contents and ramifications of any document that they are presented with in a real estate transaction. Another common misconception is that the buyer of a home does not need to hire an attorney because they will "use the bank's attorney." Buyers must be aware that the lender's attorney represents the lender only and therefore, is concerned solely with the lender's interests. While many times these interests coincide, the lender's attorney is not involved in the drafting of either the Offer to Purchase or the Purchase and Sale Agreement. Accordingly, the lender's attorney will not get involved in enforcing the terms of these, and other documents, that do not involve the lender, such as missing appliances, missing chandeliers, items left on the property at the time of the closing, etc. Attorney Goldberg has represented sellers, buyers and lenders. He is a member of the Massachusetts Conveyancers Association. Mr. Goldberg can walk you through the difficult process of buying or selling a home from the execution of the Offer to Purchase to the closing, at all times giving you the prompt and personalized service that is his trademark. |
This web page may be considered "advertising" under Massachusetts Supreme Judicial Court Rule 3:07. The information presented on this page does not constitute legal advice, which can only be rendered after a full consultation of the facts in your case; nor establish an attorney client relationship, which can only be done after you and the attorney meet and agree on the terms of that relationship. Please read my complete disclaimer. © Copyright 2001 Michael R. Goldberg This web site is designed and hosted by the Social Law Library, Boston, Massachusetts |
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