Submitted by Padre50 on Fri, 12/04/2009 - 09:33
Posted in
Just wondering about this one. I'm using a local broker to find a house in MA. I guess I agree with you when you say in some of your posts that people should use an attorney to review purchase and sale agreements, but my broker is telling me that having an attorney review all offers is a waste of time and that, in fact, I don't really need an attorney to review the purchase and sale. What do you think about using an attorney for the purchase and sale but not for various offers?
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Editor's Response
Well . . . first of all, your broker should review 254 Code of Massachusetts Regulations 3.00(12):
(12) Attorney Services. No broker or salesperson shall advise against the use of an attorney in any real property transaction.
Other than that, what can I tell you that I haven't said in our other posts about this subject? I assume you know that, under MA law, any offer to purchase real estate may be a binding contract. Given that, at a minimum, I would sit down with an attorney and go over the offer form your broker will use, so you understand the terms and what your rights and responsibilities will be for each and every offer to purchase you sign. As for the purchase and sale agreement, again, I think it is wise to go over it with an attorney before signing. Good luck.