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Understanding the Proposed “Mansion Tax” in Massachusetts

Understanding the Proposed “Mansion Tax” in Massachusetts

Understanding the Proposed "Mansion Tax" in Massachusetts

Million-dollar listings could soon carry a little extra baggage. Here’s what the proposed MA "Mansion Tax" really means.

If your clients are selling a home north of the $1 million mark, they may want to read the fine print twice. Massachusetts is considering a new “mansion tax”—a local-option transfer fee targeting high-end residential sales. While the name sounds exclusive, the impact could reach well beyond lavish estates.

Overview of the Proposed Transfer Fee

The plan would allow cities and towns to impose a real estate transfer fee of 0.5% to 2%, applied only to the portion of a property sale exceeding $1 million or the county’s median home price—whichever is higher. Municipalities could choose whether to adopt it. Proceeds would be earmarked for local affordable housing initiatives.

Legislative Developments

The idea has backing from Governor Maura Healey and major city leaders like Boston Mayor Michelle Wu, who view it as a vital tool in addressing Massachusetts’ growing housing affordability crisis. However, in June 2024, the State Senate removed the transfer fee provision from its version of the broader housing bond bill. Lawmakers expressed interest in evaluating existing tools—such as the Community Preservation Act—before introducing new taxes. As of now, the measure’s fate remains undecided in the House–Senate negotiations.

Economic Considerations

While the fee could raise an estimated $384 million annually for housing programs, researchers from the Wharton School of Business and other institutions caution there may be unintended consequences. Critics argue it could depress high-end home values, slow transaction volume, and ultimately reduce total real estate tax revenue—undermining some of the bill’s goals.

Public Discourse

Supporters argue the measure is narrowly targeted, flexible for local governments, and addresses a pressing need for more affordable housing units. Opponents, including many in the real estate industry, raise concerns about market distortion, added costs for sellers, and negative ripple effects in already sensitive local economies.

While this is still a proposed policy, not law, it’s a live issue. Realtors®, attorneys, and high-end property owners should keep close tabs on legislative updates. If it passes, the transfer fee could change how luxury listings are priced and negotiated—especially in markets where the median home price is already brushing that $1 million mark.

Works Cited

Bloomberg News. “Massachusetts Eyes Mansion Tax to Fund Affordable Housing.” Bloomberg, 6 May 2024, www.bloomberg.com/news/articles/2024-05-06/massachusetts-eyes-mansion-tax-to-fund-affordable-housing. Accessed 19 May 2025.

Dumcius, Gintautas. “Senate Unveils Housing Plan with No Real Estate Transfer Tax.” Commonwealth Beacon, 24 June 2024, commonwealthbeacon.org/housing/senate-unveils-housing-plan-with-no-real-estate-transfer-tax. Accessed 19 May 2025.

Enwemeka, Zeninjor. “Mass. Senate Unveils $5 Billion Housing Bill, Killing Hopes for Transfer Tax.” WGBH News, 24 June 2024, www.wgbh.org/news/politics/2024-06-24/mass-senate-unveils-5-billion-housing-bill-killing-hopes-for-transfer-tax. Accessed 19 May 2025.

Wachter, Susan M., et al. “Economic Impacts of a Real Estate Transfer Tax in Massachusetts.” Zell/Lurie Real Estate Center, The Wharton School, University of Pennsylvania, May 2024, realestate.wharton.upenn.edu/wp-content/uploads/2024/06/MA_RETT_May2024-1.pdf. Accessed 19 May 2025.

Providing title, escrow, closing and settlement services to clients throughout Massachusetts and New Hampshire

From Our Clients

“As a realtor, the Rocheford team went above and beyond to make sure my client was not only protected from a legal standpoint but also operated in a timely manner to execute the sale of my client’s dream home.

Thank you for the great experience for myself and my client! Looking forward to our next deal together!”

Viktor Ryan

Realtor®

“I don’t usually use attorneys that often. But if an attorney is needed, I couldn’t recommend this law office enough. I always pride myself on responding quickly to emails and calls, but I was in awe of how fast paralegal Robert Heckman would respond to us. We sold our house a couple months ago and then did a two-part land swap with neighbors and my folks, and both transactions were seamless, including coming in to sign paperwork.

In short, if you need a law office that is responsive and attentive to detail, definitely consider them!”

John P.

Leominster, MA

“Excellent, conscientious and professional.

The communication throughout our Real Estate transaction was better than expected. We thought the fee to be very reasonable considering the work accomplished on our behalf. The law office handled the entire closing without us having to be in attendance….as we requested. I have had experience with very competent lawyers and law firms as the result of my previous profession. I would place this law office right up there among the best in their real estate field of expertise and surprisingly at very reasonable and affordable rates/fees.”

Tom M.

Buzzards Bay, MA

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Understanding Transfer Taxes (Tax Stamps) in Massachusetts

Understanding Transfer Taxes (Tax Stamps) in Massachusetts

Understanding Transfer Taxes (Tax Stamps) in Massachusetts

Massachusetts home sale paperwork including transfer tax terms and contract clauses.

When it comes to selling real estate in Massachusetts, one fee tends to catch sellers off guard: transfer taxes, also known as real estate tax stamps. At The Law Office of David R. Rocheford, Jr., P.C., we get a lot of questions about these costs — and we’re here to make sure you (and your clients) understand what to expect.

Who Pays the Transfer Tax in Massachusetts?

In nearly all cases, the seller is responsible for paying the transfer tax. However, during the negotiation process, the parties can agree to split the fee — or shift it entirely to the buyer. Like most things in real estate: it’s all negotiable.

How Much Is It? 

The current transfer tax rate is $2.28 per $500 of the property’s sale price — that’s $4.56 per $1,000. This fee is paid to the state by purchasing tax stamps from the Registry of Deeds when the new deed is recorded.

Example: On a $500,000 home sale, the transfer tax would be $2,280.

You can review current rates and exemptions on the Massachusetts Department of Revenue website.

Massachusetts home sale paperwork including transfer tax terms and contract clauses.

Is It Deductible? 

Not exactly — transfer taxes are not tax-deductible on your income tax return. However, they do get added to the cost basis of the property, which may reduce your capital gains tax when the property is sold in the future.

Who’s Exempt? 

Some nonprofit organizations and federal agencies are exempt. Veterans Affairs (VA) and HUD transactions, for example, often qualify for exemption — but always confirm with the Registry and your closing attorney.

Additional Notes: 

  • The tax applies to any sale over $100.
  • The tax is separate from municipal excise taxes or local fees (if applicable).
  • The stamps are literally affixed to the deed — old school, but legally required.
Massachusetts home sale paperwork including transfer tax terms and contract clauses.

Small details. Big difference.

Whether you’re buying or selling, understanding transfer taxes is a small detail that can make a big difference at the closing table. We help our clients plan ahead and avoid last-minute surprises every step of the way.

REFERENCES

Contact

(255) 352-6258

1234 Divi St. #1000, San Francisco, CA 94220

Copyright © 2025 Divi. All Rights Reserved.

Won’t You Be My Neighbor? ADUs Now Permitted by Right in Massachusetts

Won’t You Be My Neighbor? ADUs Now Permitted by Right in Massachusetts

Won’t You Be My Neighbor? ADUs Now Permitted by Right in Massachusetts

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Accessory Dwelling Units (ADUs) — small, independent living spaces on the same property as a main home — just got a big green light in Massachusetts. Thanks to the Healey-Driscoll Administration’s “Affordable Homes Act,” homeowners can now build or convert ADUs by right in many communities, making it easier to add housing and income flexibility.

If you’re a Realtor®, lender, or homeowner, here’s what you need to know to make sense of the new rules — and how they impact your property or transactions.

What’s an ADU?

An ADU is a secondary living unit with its own sleeping, eating, cooking, and bathroom facilities. Think: a converted garage, a backyard cottage, or a finished basement with a separate entrance.

New Rules (Effective 2024):

The updated state law allows ADUs:

  • As detached structures
  • As additions to existing homes
  • As conversions of garages, attics, or basements

To qualify, the ADU must be:

  • Less than half the size of the primary residence or under 900 square feet
  • Located in a single-family zoning district
  • Code-compliant with a separate entrance
duplex housing in the city

Key Protections for Homeowners 

The new law, under MGL Chapter 40A, Section 3, overrides local zoning if the ADU meets minimum state standards:

  • Cities cannot ban single ADUs
  • Owner occupancy is not required
  • ADUs can be rented for long-term housing
  • Only one extra parking spot can be required

Local Nuances Still Apply: 

Municipalities can:

  • Ban short-term rentals (Airbnb, etc.)
  • Restrict ADUs in flood zones or historic districts
  • Require compliance with Title V septic and environmental regulations
Basement Apartment Housing

Zoning Still Matters

Each of Massachusetts’ 351 towns has its own zoning quirks. While ADUs are protected, local rules may shape your options. Thinking of building one? Start by calling your local planning board.

At The Law Office of David R. Rocheford, Jr., P.C., we help clients navigate land use, permitting, and local regulations with confidence. Whether you’re buying, building, or advising, we’re here to help.

REFERENCES

Contact

(255) 352-6258

1234 Divi St. #1000, San Francisco, CA 94220

Copyright © 2025 Divi. All Rights Reserved.

Title Trouble: 5 Hidden Red Flags That Could Derail Your NH or MA Deal

Title Trouble: 5 Hidden Red Flags That Could Derail Your NH or MA Deal

Title Trouble:

5 Hidden Red Flags That Could Derail Your NH or MA Deal

Sometimes it’s not the financing or the walkthrough that breaks a real estate deal — it’s a quiet little surprise hiding in the title report. At The Law Office of David R. Rocheford, Jr., P.C., we’ve seen more than our share of these red flags crop up at the worst moment. The good news? Most of them are preventable when you know what to look for.

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Here are five title issues that can stall or kill a closing — and how Realtors®, loan processors, and mortgage teams can flag them early.

Undischarged Mortgages

This is more common than you’d think. A loan may have been paid off years ago, but the discharge (release of lien) was never recorded with the Registry of Deeds.

Solution: Ask the title attorney to verify discharges during the title search. If one is missing, the payoff lender must provide documentation. MA’s Land Court resources can help untangle trickier cases.

Estate Sales with Unclear Authority 

When a property is sold from an estate, the seller must have legal authority to transfer title — usually as executor or personal representative. But if probate is still open or not finalized in MA or NH, the sale could be delayed.

Solution: Confirm probate status early. Request Letters Testamentary (or equivalent) and verify proper legal authority before listing or lending.

Old Liens or Judgments 

From unpaid contractor bills to child support liens, old claims can resurface. Some are valid, some are mistakes — all are problems.

Solution: Make sure a title search goes back far enough. NH and MA each have lien recording rules; liens must be cleared or bonded off to close.

Boundary or Easement Disputes

A shared driveway or unclear fence line may seem minor — until one party refuses to sign off. Title insurance may exclude coverage unless it’s resolved.

Solution: Review surveys and legal descriptions. If easements or encroachments appear, bring in a real estate attorney early to negotiate terms or resolution.

Fraudulent Transfers or Forged Deeds

Rare, but real. Massachusetts and New Hampshire have both seen forged deeds or transfers from people impersonating owners, especially in vacant or investment properties.

Solution: Require in-person or verified remote notarization. Use MyOwnDeed or local registry alert systems to monitor activity tied to property titles.

Proactive Title Work. Peace of Mind at the Closing Table.

Spotting these red flags early keeps everyone out of panic mode — and ensures your deal closes clean. Our team knows how to dig deep into a title report and help you keep the path to closing crystal clear.

REFERENCES

Providing title, escrow, closing and settlement services to clients throughout Massachusetts and New Hampshire

From Our Clients

“As a realtor, the Rocheford team went above and beyond to make sure my client was not only protected from a legal standpoint but also operated in a timely manner to execute the sale of my client’s dream home.

Thank you for the great experience for myself and my client! Looking forward to our next deal together!”

Viktor Ryan

Realtor®

“I don’t usually use attorneys that often. But if an attorney is needed, I couldn’t recommend this law office enough. I always pride myself on responding quickly to emails and calls, but I was in awe of how fast paralegal Robert Heckman would respond to us. We sold our house a couple months ago and then did a two-part land swap with neighbors and my folks, and both transactions were seamless, including coming in to sign paperwork.

In short, if you need a law office that is responsive and attentive to detail, definitely consider them!”

John P.

Leominster, MA

“Excellent, conscientious and professional.

The communication throughout our Real Estate transaction was better than expected. We thought the fee to be very reasonable considering the work accomplished on our behalf. The law office handled the entire closing without us having to be in attendance….as we requested. I have had experience with very competent lawyers and law firms as the result of my previous profession. I would place this law office right up there among the best in their real estate field of expertise and surprisingly at very reasonable and affordable rates/fees.”

Tom M.

Buzzards Bay, MA

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How to Prevent Delays at the Closing Table: Lessons from Recent MA & NH Transactions

How to Prevent Delays at the Closing Table: Lessons from Recent MA & NH Transactions

How to Prevent Delays at the Closing Table:

Lessons from Recent MA & NH Transactions

Closings should be the fun part — popping champagne, handing over keys, and celebrating the finish line. But anyone in real estate or lending knows that even the smoothest transaction can hit a snag at the eleventh hour. From unsigned documents to overlooked municipal requirements, the final stages of a home loan closing in Massachusetts and New Hampshire can turn from celebration to chaos quickly.

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Here are some common culprits behind last-minute delays and what loan processors, Realtors®, and mortgage teams can do to keep things on track.

Smoke Certificates & Local Requirements (Massachusetts Specific)

In Massachusetts, sellers are responsible for obtaining a smoke and carbon monoxide detector certificate from the local fire department before closing. But fire departments don’t always have next-day appointments — and some towns have inspection backlogs.

Solution: Schedule inspections early in the process. Share this state smoke alarm compliance guide with sellers and keep your transaction timeline padded.

Title Surprises

A missing mortgage discharge or a surprise lien can halt everything. These issues are especially common with older properties, estate sales, or refinances. Even unpaid water bills in NH can delay closings.

Solution: Have the title attorney conduct a thorough title search early, and follow up on payoff letters or missing discharges well before the closing date.

Funds Not Cleared or Missing Documentation 

Sometimes buyers assume that a wire transfer or certified check guarantees immediate access. Not always. Banks may hold large deposits, and underwriters may require additional documentation — right at the finish line.

Solution: Prep buyers on timelines for cleared funds and triple-check lender requirements ahead of the final week.

“Surprise” Repairs or Walkthrough Issues 

If a final walkthrough reveals an incomplete repair or unexpected damage, it can cause stress and even stall the closing.

Solution: Set a walkthrough 24–48 hours before closing, not the morning of. This allows time to resolve any issues or negotiate credits.

Missing People 

Closings can’t happen without the right people — including sellers, buyers, and notaries. In the age of remote work and travel, someone’s vacation can mean a reschedule.

Solution: Confirm everyone’s availability well in advance and plan for powers of attorney or remote notarization when allowed (and legal — more on that in a future blog!).

Real Estate Closings Done Right — Every Time.

At The Law Office of David R. Rocheford, Jr., P.C., we’ve seen nearly everything that can go wrong at a closing. And more importantly — we know how to make it go right.

REFERENCES

Providing title, escrow, closing and settlement services to clients throughout Massachusetts and New Hampshire

From Our Clients

“As a realtor, the Rocheford team went above and beyond to make sure my client was not only protected from a legal standpoint but also operated in a timely manner to execute the sale of my client’s dream home.

Thank you for the great experience for myself and my client! Looking forward to our next deal together!”

Viktor Ryan

Realtor®

“I don’t usually use attorneys that often. But if an attorney is needed, I couldn’t recommend this law office enough. I always pride myself on responding quickly to emails and calls, but I was in awe of how fast paralegal Robert Heckman would respond to us. We sold our house a couple months ago and then did a two-part land swap with neighbors and my folks, and both transactions were seamless, including coming in to sign paperwork.

In short, if you need a law office that is responsive and attentive to detail, definitely consider them!”

John P.

Leominster, MA

“Excellent, conscientious and professional.

The communication throughout our Real Estate transaction was better than expected. We thought the fee to be very reasonable considering the work accomplished on our behalf. The law office handled the entire closing without us having to be in attendance….as we requested. I have had experience with very competent lawyers and law firms as the result of my previous profession. I would place this law office right up there among the best in their real estate field of expertise and surprisingly at very reasonable and affordable rates/fees.”

Tom M.

Buzzards Bay, MA

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