Why Massachusetts Requires an Attorney at Your Closing and What They Actually Do

By Chris Doherty

Christian Doherty lists and sells more homes than any other agent in the Greater Lowell, Massachusetts market with over 300 homes sold in the past 12 months. Chris is ranked in the top 1% of all agents in the United States.

In about 40 states, you can buy a home without a lawyer ever reading your file. An escrow officer opens a file, a title company runs the search, documents get signed at a notary appointment, and the deal records. Nobody with a law degree ever touches it.

Massachusetts won’t let that happen. Here, the person running your closing must be a licensed attorney. That’s not a courtesy or a tradition. The Supreme Judicial Court wrote it into case law, and they’ve been clear that the attorney’s role must be substantive and meaningful, not just a signature witness.

After 26 years in this business as both a broker and an attorney, I can tell you that this requirement exists for a very good reason. And most buyers don’t understand what it actually gets them until they’re sitting at the table.

What the closing attorney actually does. Most buyers assume the closing attorney just reviews some paperwork and makes sure everyone signs in the right places. That’s a fraction of it. Here’s what’s actually happening behind the scenes before you ever sit down.

• Title examination. The attorney conducts a thorough search of the property’s title history to make sure the seller actually has the legal right to sell, that there are no liens, encumbrances, or unresolved claims against the property, and that what you’re buying is what you think you’re buying. Title issues that go uncaught can cost you the property or result in years of legal disputes.
• Deed preparation. The attorney drafts the deed that legally transfers ownership from the seller to you. This isn’t a template that gets auto-filled. The legal description, the form of ownership, and the specific language all matter, and getting any of it wrong can create problems that surface years later.
• Municipal lien certificate. The attorney collects a certificate from the municipality confirming that all property taxes have been paid. If the seller owes back taxes, that lien can follow the property, not the person. The attorney catches this before you inherit someone else’s tax problem.
• Smoke and carbon monoxide certificate. Massachusetts requires a certificate from the fire department confirming that the property has working smoke and carbon monoxide detectors. The closing attorney confirms this is in hand before the deal closes.
• Title insurance. The attorney issues or coordinates title insurance, which protects you if a title defect is discovered after closing. This is your safety net against claims that even the most thorough title search might not catch.
• Fund disbursement. The attorney handles the actual movement of money at the closing table, ensuring that the lender’s funds, the buyer’s funds, and the seller’s proceeds all go where they’re supposed to go. Every dollar is accounted for and documented.
• Recording. After closing, the attorney files the deed and mortgage documents with the Registry of Deeds, making the transfer of ownership part of the public record.

The lender’s attorney is not your attorney. This is the part that catches most buyers off guard. When you get a mortgage, the lender appoints a closing attorney to handle the transaction. The buyer typically pays for this attorney as part of their closing costs. But that attorney represents the lender, not you.

They will prepare the closing documents, conduct the title search, and run the closing itself. But they are not looking out for your interests specifically. They are making sure the lender’s investment is protected.

That’s why most buyers and sellers in Massachusetts hire their own attorney in addition to the lender’s closing attorney. Your attorney reviews the Purchase and Sale agreement, negotiates terms that protect your deposit, clarifies contingency language, and adds provisions that the lender’s attorney has no obligation to include.

The critical window most buyers miss. The most common mistake I see is buyers hiring their attorney too late. In Massachusetts, the real estate process has a step that most other states don’t: the Purchase and Sale agreement, which is a separate, binding legal document that comes after the initial offer is accepted.

The window between your accepted offer and the P&S signing is typically 10 to 14 days. That’s when your attorney has the most room to negotiate. They can negotiate terms, protect your deposit, clarify inspection and financing contingencies, and add buyer-friendly provisions. Once the P&S is signed, most of your leverage is gone.

If you wait until a week before closing to hire an attorney, you’re paying for someone to review documents that are already locked in. The protection is hollow at that point. Hire your attorney the day your offer is accepted.

What being both a broker and an attorney has taught me. I’ve sat on both sides of this table. As a broker, I understand the market dynamics, the negotiation strategy, and what it takes to get a deal done. As an attorney, I understand the legal framework that either protects the transaction or exposes it.

What I’ve learned from doing both is that the legal work and the real estate work are not separate tracks. They’re on the same track. The terms in your P&S directly affect your negotiating position. The title search directly affects what you’re actually buying. The way your closing is structured directly affects what happens if something goes wrong after the keys change hands.

Most buyers experience these as disconnected steps handled by different people. When you understand how they connect, you make better decisions at every stage of the process.

What this means for you. If you’re buying or selling a home in Massachusetts, the attorney requirement isn’t just a box to check. It’s one of the strongest consumer protections in real estate anywhere in the country. Only about ten states require an attorney at closing. Massachusetts is one of them, and there’s a reason for it.

The key is understanding what your attorney does, hiring them early enough to actually protect you, and knowing the difference between the lender’s attorney and yours.

If you have questions about the closing process or you want to understand how the legal and real estate sides of your transaction connect, I’d love to walk you through it. Call or text me at (978) 746-0124, email me at chris@dohertyproperties.com, or visit chrisdoherty.com. After 26 years as both a broker and an attorney in this market, this is the kind of conversation I have every day.