Residential Real Estate Purchases, Sales and Settlement Services:

We handle all matters pertaining to residential and commercial real estate law in Massachusetts, including purchase and sales contracts (P&S), purchases, sales, financing, leasing, construction, real estate title, settlement services and short sales. Our clients include home buyers and sellers, investors, institutional lenders, private party lenders, builders, developers, landlords and tenants.

Purchase & Sale Contracts:

The first step in a purchase and sales transaction is usually an offer made by the buyer to the seller to purchase a property. Although binding, an accepted offer usually does not contain great detail. Consequently, a purchase and sales agreement (P&S) is subsequently drafted and negotiated between buyers and sellers counsel. Attorney Demars will ensure that language is included to protect your interest and that the circumstances of your particular situation are addressed appropriately. Every transaction is different and requires a thorough examination of the facts and circumstances surrounding each matter. It is extremely important the buyer or Seller have an attorney review their contracts before signing. The agreements to sell between a real estate buyer and seller are governed by Massachusetts contract law. The statute of frauds requires that all contracts pertaining to real property be in writing.

Title Examination/Public records

 When representing a cash buyer or a buyer's lender, we will conduct a title examination and municipal search of applicable records to ensure title to real estate is good, clear and marketable. This means that it must be free and clear of all encumbrances, liens, legal questions, litigation risks, or other title defects.  If you are the buyer in a transaction tell your lender you would like Attorney Demars assigned to do the closing work for the lender. We represent many lenders and are on the approved closing lists for most banks and lending institutions in the Commonwealth. We will conduct a thorough investigation into the title of the Premises and pertinent municipal records and issue title policies to both the lender and the Buyer (Buyer's policy is optional but always highly recommended, click here for more specifics on Title Insurance). During the title search, we investigate the public records in the county and city or town in which a property is located to establish the chain of title for a minimum of fifty years in accordane with Massachusetts Real Estate Bar Association Title Standards. The search will assure that title  properly passed from one owner to the next and will also reveal if there are any liens or encumbrances on the property, such as mortgages, unpaid real estate taxes, liens for municipal improvements, unpaid federal taxes, government claims, judgments, and easements, covenants, agreements or restrictons that affect the property.

MA Real Estate Title Resolution:

Our firm is experienced at researching, analyzing and solving all Massachusetts real estate title problems, issues, clounds on title and concerns that come up as a result of a title examination. We will work with the title companies and the owner in an attempt to remedy any known title defects prior to closing. We adhere to the Massachusetts Real Estate Bar Association (REBA) title standards and practice standards and we issue title insurance policies to both lenders and buyers.

Financing:

We represent clients seeking financing and also represent many lending institutions. Whether you are looking to purchase a new home, build a new home, refinance or take an equity line, we work with an extensive network of lenders that offer many loan products and services to satisfy your needs. Our lenders offer products for FHA, VA, Mass Housing, Construction, Conventional, Jumbo  and private loans.

We advise clients on current methods and alternatives in real estate financing and can conduct the closing and settlement to save you money.

Massachusetts Leasing:

The firm represents landlords and tenants in MA residential and commercial lease transactions. This representation involves drafting and reviewing of lease agreements and negotiation of terms all the while assuring that the agreements comply with the requirements of Massachusetts real estate law. Each and every lease is different and requires creative drafting to address your particular concerns and issues. Make sure your interests are protected and you know what is expected of you when executing a lease. Always consult an attorney prior to signing any lease agreements.

Massachusetts Real Estate Development and Construction:

We assist clients in residential real estate development including the subdivision of land, special permits, varianes, zoning & planning matters, conservation matters, permitting, easements, association agreements, surveying, etc. We work with reputable builders in the industry and can assist in construction contract negotiation, financing and project management.

Commercial Real Estate:

Representation of buyers and sellers of commercial real estate. Drafting and negotiation of purchase & sale contracts, review of corporate documents, drafting of corporate documents required for conveyance, due authorization opinions, corporate opinions, votes, licenses, easements, guarantor opinions, borrower opinions, certificates of members, member resolutions, leases, etc.