Attorneys in Massachusetts real estate transactions:
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Are never used
The claim that attorneys are never used in Massachusetts real estate transactions is the opposite of reality — Massachusetts has one of the highest rates of attorney involvement in residential real estate in the entire country, making attorney representation the norm rather than the exception.
Commonly represent parties and conduct closings
Only used in commercial deals
Attorney involvement in Massachusetts is not limited to commercial deals — it is equally common and expected in residential transactions, including single-family home purchases, condominium sales, and refinances, where attorneys routinely represent buyers, sellers, and lenders.
Are prohibited from closings
Attorneys are not prohibited from closings in Massachusetts — quite the opposite, the state's legal framework and court decisions have established that attorneys are the appropriate professionals to conduct real estate closings, and their participation is widely considered legally and practically necessary.
Why is this correct?
In Massachusetts, it is standard and common practice for both buyers and sellers to be represented by their own attorneys throughout the real estate transaction, and attorneys — rather than title company representatives or escrow officers — typically conduct the closing itself, reviewing all documents, explaining legal implications, and disbursing funds. This practice is supported by Massachusetts case law holding that real estate closings constitute the practice of law, and the Massachusetts Bar Association actively supports this attorney-involvement model as essential to consumer protection.
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