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When a Home Sale Falls Through: What Massachusetts Buyers and Sellers Can (and Should) Do Next

When a Home Sale Falls Through: What Massachusetts Buyers and Sellers Can (and Should) Do Next

When a Home Sale Falls Through

What Massachusetts Buyers and Sellers Can (and Should) Do Next

In Massachusetts, even a well-planned home sale can fall apart at the last minute. Financing issues, appraisal gaps, inspection disputes, or sudden buyer’s remorse can bring a transaction to a halt — leaving both sides uncertain about their next steps.

When that happens, knowing your legal rights and obligations becomes critical. A skilled Massachusetts real estate attorney can help you protect your interests, recover deposits, and decide whether to renegotiate or walk away. Here’s what to do if your deal doesn’t close as planned.

1. Review the Purchase and Sale Agreement

The first step after a failed transaction is to review the Purchase and Sale (P&S) Agreement, which outlines the rights, contingencies, and timelines for both buyer and seller.

Most Massachusetts P&S agreements include detailed inspection, appraisal, and financing contingencies that determine whether a deposit is refundable. The Massachusetts Association of Realtors explains that these contingencies act as legal “escape hatches” if specific conditions aren’t met before closing (MAR, 2025).

Attorney’s Insight:

Your attorney can interpret the contract’s fine print and identify whether you’re entitled to a refund or release. Acting quickly helps prevent misunderstandings that could escalate into legal disputes or escrow delays.

2. Handling Deposit (Escrow) Disputes

In most Massachusetts home sales, the buyer deposits earnest money — typically held in an attorney’s escrow account — to show good faith. If the deal collapses, both parties must sign a mutual release authorizing return or forfeiture of those funds.

Without a signed release, the deposit often remains frozen until both sides reach agreement or a court intervenes. The Massachusetts Division of Banks outlines how escrow funds are protected under state trust-account regulations (Mass.gov, 2024).

Attorney’s Insight:

An experienced real estate attorney acts as a neutral fiduciary, ensuring deposits are managed according to Massachusetts law. If one party refuses to sign a release, your attorney can issue a demand letter or pursue mediation before litigation becomes necessary.

3. Inspection Failures and the New Law

Massachusetts’ new home inspection law, effective October 2025, introduced clearer buyer rights and stricter scheduling standards. Under the updated rules, buyers must complete inspections within a defined timeline — and sellers must allow reasonable access or risk violating the agreement.

As detailed in our earlier post, “What Buyers & Sellers in MA Should Expect Under the New Home Inspection Law”, these reforms help reduce last-minute cancellations and ambiguous repair disputes.

Attorney’s Insight:

If an inspection uncovers defects, your attorney can guide you through renegotiation — for example, by drafting an amendment for seller repairs or a price adjustment — or help you properly withdraw without losing your deposit.

4. Benefiting From the New Home Inspection Law

Even after inspections pass, deals can fail when the appraised value comes in below the agreed purchase price. Lenders rarely approve financing that exceeds appraisal value, leaving buyers to cover the gap or renegotiate.

According to Bankrate, appraisal shortfalls are one of the top reasons sales collapse nationwide.

Attorney’s Insight:

Your attorney can prepare an addendum for price renegotiation or an extension allowing time to resolve lender concerns. If financing ultimately falls through, counsel ensures proper documentation is filed so the transaction terminates cleanly.

5. Next Steps: Renegotiate, Release, or Pursue Legal Action

After reviewing all contingencies, your attorney may recommend one of three paths:

  • Renegotiate: Adjust price, closing date, or repair terms to salvage the deal.
  • Mutual Release: End the contract amicably, with a clear escrow disposition.
  • Legal Remedy: If one party breached the contract, a demand letter or small-claims action may be appropriate.

The Massachusetts Trial Court Law Libraries provide guidance on breach-of-contract claims involving real estate transactions (Mass.gov, 2024).

Attorney’s Insight:

The key is acting quickly and documenting every communication. Your attorney ensures all notices and releases are executed properly to protect you from liability.

Closing Thoughts

Turn a Setback Into a Strategy

A failed home sale can feel like a setback, but it doesn’t have to become a legal nightmare. With the right representation, you can recover deposits, avoid costly disputes, and position yourself for the next opportunity.

The Law Office of David R. Rocheford, Jr., P.C. helps buyers and sellers across Massachusetts and New Hampshire navigate escrow disputes, renegotiations, and closing delays with confidence and clarity.

stressed man sitting at a table with paperwork

SOURCES

Bankrate. (2025, July). What happens if a house appraises low? Retrieved from https://www.bankrate.com/

Massachusetts Association of Realtors (MAR). (2025). Standard purchase and sale agreement guidelines. Retrieved from https://www.marealtor.com/

Massachusetts Division of Banks. (2024). Escrow and trust-account regulations for attorneys and brokers. Retrieved from https://www.mass.gov/orgs/division-of-banks

Massachusetts Trial Court Law Libraries. (2024). Real-estate contract disputes and remedies. Retrieved from https://www.mass.gov/orgs/trial-court-law-libraries

The Law Office of David R. Rocheford, Jr., P.C. (2025, September). What buyers & sellers in MA should expect under the new home inspection law. Retrieved from https://www.thebestclosings.com/2025/09/what-buyers-sellers-in-ma-should-expect-under-the-new-home-inspection-law/

 

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

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Why Fall Is the Smartest Season to Close on a Home in Massachusetts

Why Fall Is the Smartest Season to Close on a Home in Massachusetts

Why Fall Is the Smartest Season to Close on a Home in Massachusetts

Spring may get all the attention, but savvy homebuyers know that fall can be one of the best times to close on a home in Massachusetts.

With motivated sellers, fewer bidding wars, and faster access to closing professionals, the fall market offers a window of opportunity for buyers who value efficiency and value over hype.

As the state adjusts to new home inspection laws taking effect in late 2025, buyers who act this fall may benefit from smoother negotiations and more predictable timelines. Here’s why — and how working with an experienced Massachusetts real estate attorney can make your fall closing even smarter.

1. Lower Competition and Motivated Sellers

By the time October arrives, many families have already completed their summer moves. That leaves fewer active buyers in the market — and sellers who are often more flexible. According to The Warren Group, Massachusetts home sales typically dip in the fall, creating more room for negotiation.

Attorney’s Insight:

Motivated sellers mean stronger leverage for buyers when negotiating inspection repairs, credits, or closing timelines. An attorney can help you structure your purchase and sale agreement to take advantage of this seasonal balance — ensuring contingencies and deadlines work in your favor.

2. Faster Closings and Easier Scheduling

Real estate attorneys, lenders, and title companies experience a significant slowdown in the fall compared to the hectic spring and summer markets. That can translate to faster title searches, shorter underwriting queues, and quicker closings overall.

Data from the National Association of Realtors (NAR) confirms that transaction volumes tend to drop in the final quarter, easing pressure on closing professionals.

Attorney’s Insight:

During peak seasons, scheduling conflicts can delay closing by days or even weeks. Fall closings often move faster because attorneys and lenders can prioritize files more efficiently — meaning you can settle in before the holiday season begins.

3. Year-End Financial Incentives

For sellers (and even some buyers), closing before December 31 can have tax advantages. Sellers may be eager to complete transactions before the new year to manage capital gains or property tax considerations.

According to Forbes, late-year transactions often result in more favorable pricing as sellers become motivated to finalize deals before year-end.

Attorney’s Insight:

An attorney can help align your closing date and escrow transfer to meet financial or tax-related goals. They’ll also ensure you receive all applicable adjustments for prepaid taxes or municipal assessments at the closing table.

4. Benefiting From the New Home Inspection Law

The new Massachusetts home inspection law, effective October 2025, gives buyers clearer rights and timelines for scheduling inspections — helping to prevent last-minute delays. For fall buyers, this means entering the market just as professionals have adapted to the new standards.

As outlined in our recent blog, “What Buyers & Sellers in MA Should Expect Under the New Home Inspection Law”, the updated rules also help streamline disclosure processes, which can reduce disputes before closing.

Attorney’s Insight:

With new legal requirements in play, having an experienced attorney review your inspection contingency ensures compliance while protecting your right to withdraw or negotiate repairs if issues arise.

5. Avoiding the Year-End Closing Rush

Many buyers wait until December to finalize their purchase — right when lenders, attorneys, and municipal offices begin their holiday slowdowns. Starting the process in fall helps you avoid year-end bottlenecks, ensuring your documents are processed and recorded before office closures.

Attorney’s Insight:

Your attorney coordinates directly with title examiners, registries of deeds, and municipal departments to keep your transaction moving. Closing early means avoiding seasonal logjams and ensuring a smoother transition into the new year.

Closing Thoughts: Timing is everything

Fall in Massachusetts isn’t just beautiful — it’s strategic. With less competition, faster turnarounds, and motivated sellers, this season rewards well-prepared buyers. Pair that with the recent inspection law changes, and you’ve got a strong case for making your move before winter.

The Law Office of David R. Rocheford, Jr., P.C. helps Massachusetts and New Hampshire buyers close with confidence. From reviewing purchase contracts to coordinating title and escrow, our team ensures your transaction stays protected — and on schedule — no matter the season

Massachusetts home in the fall season

SOURCES

Forbes. (2025, August). Best time to buy a house: When to buy for the biggest savings. Retrieved from https://www.forbes.com/advisor/mortgages/best-time-to-buy-a-house/

National Association of Realtors (NAR). (2024, December). How seasonality impacts the housing market. Retrieved from https://www.nar.realtor/

The Warren Group. (2025, September). Massachusetts home sales drop again in August 2025. Retrieved from https://www.thewarrengroup.com/massachusetts-home-sales-drop-again-august-2025/

The Law Office of David R. Rocheford, Jr., P.C. (2025, September). What buyers & sellers in MA should expect under the new home inspection law. Retrieved from https://www.thebestclosings.com/2025/09/what-buyers-sellers-in-ma-should-expect-under-the-new-home-inspection-law/

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

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Why Fall Is the Smartest Season to Close on a Home in Massachusetts

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What Buyers & Sellers in MA Should Expect Under the New Home Inspection Law

What Buyers & Sellers in MA Should Expect Under the New Home Inspection Law

What Buyers & Sellers in MA Should Expect

Under the New Home Inspection Law

Starting October 15, 2025, Massachusetts buyers and sellers will need to adjust to a major shift in how home inspections are handled. Under 760 CMR 74.00: Residential Home Inspection Waivers, part of the Affordable Homes Act, buyers can no longer be pressured into waiving inspection rights — and sellers must provide a written disclosure affirming those rights.

This change is designed to level the playing field in competitive markets, but it will also affect negotiation strategies and closing timelines. Here’s what both sides should know.

For Buyers: Expanded Rights and Protections

  • Guaranteed Inspection Option
    Every buyer now has the right to hire a licensed home inspector and a reasonable time to complete the inspection. Waivers can no longer be required or even suggested.
  • Negotiating After Inspection
    If the inspection reveals defects, buyers maintain the right to renegotiate, request repairs or credits, or walk away according to the terms of their purchase and sale agreement.
  • Reduced Pressure in Hot Markets
    In past years, many buyers waived inspections just to compete with cash-heavy or fast-moving offers. This law ensures buyers won’t have to sacrifice due diligence for speed.

For Sellers: New Disclosure Obligations

Some buyers may still try to waive inspections voluntarily to appear competitive. Sellers and their agents need to know:

  • Such provisions should be flagged and removed to comply with the law.
  • Attorneys should review offers carefully and strike any prohibited terms.
  • Accepting an offer that includes a waiver could expose the seller and agent to claims under Chapter 93A, Massachusetts’ consumer protection law.

Final Word

For buyers, the new inspection law provides peace of mind and protection from making high-stakes decisions without adequate information. For sellers, it adds a layer of compliance and documentation but also creates a more transparent, balanced market.

The key for both sides is preparation: buyers should budget for inspections and know how to use results in negotiations, while sellers must update disclosures and scrub old contract language. With proper guidance from agents and attorneys, these changes don’t have to slow down a sale — they can simply make it safer.

home inspector

SOURCES

Massachusetts Executive Office of Housing and Livable Communities. (2025). Residential home inspection waivers: 760 CMR 74.00. Mass.gov. https://www.mass.gov/info-details/residential-home-inspections

Massachusetts General Laws ch. 93A (2025). Regulation of business practices for consumer protection. Massachusetts Legislature. https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter93A

Commonwealth of Massachusetts. (2024). Affordable Homes Act: Summary and implementation updates. Mass.gov. https://www.mass.gov/news/affordable-homes-act

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

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Why Fall Is the Smartest Season to Close on a Home in Massachusetts

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Avoiding Closing Delays: Navigating MA’s Inspection Rights Post-October 2025

Avoiding Closing Delays: Navigating MA’s Inspection Rights Post-October 2025

Avoiding Closing Delays:

Navigating MA’s Inspection Rights Post-October 2025

Starting October 15, 2025, Massachusetts real estate professionals will need to factor in a brand-new set of home inspection requirements. Under 760 CMR 74.00: Residential Home Inspection Waivers, sellers and their agents can no longer request, require, or even suggest that buyers waive inspections. A written disclosure affirming the buyer’s right to hire a licensed inspector is now mandatory.

While the regulation was designed to protect buyers, it also creates new risks for agents, attorneys, and lenders if disclosures aren’t handled correctly. A missing form or inconsistent provision in the purchase and sale agreement could delay — or even derail — a closing.

How Inspection Rules Affect the Closing Table

At closing, attorneys and lenders must ensure that all statutory disclosures are present and consistent with the contract. If the required inspection notice is missing, it may raise red flags:

  • Title attorneys may delay disbursement until the compliance issue is fixed.
  • Lenders could halt the transaction over concerns that state consumer protection laws were violated.
  • Buyers may have leverage to walk away or renegotiate, citing failure to provide inspection rights.

Even a small oversight can snowball into days or weeks of delay, costing clients money and trust.

Tips for Agents and Attorneys

  1. Update Your Templates Now
    Make sure every purchase and sale agreement, addendum, and disclosure packet includes the new inspection rights notice. Outdated templates are a recipe for problems later.
  2. Communicate Early With Clients
    Prepare sellers to understand that inspection waivers are no longer permitted. Set buyer expectations about the timeline and scope of inspections to avoid disputes when deadlines arrive.
  3. Double-Check Consistency
    Attorneys should cross-reference the purchase agreement and inspection disclosure to confirm the language matches. Conflicting terms — such as an old clause suggesting waiver — can create legal ambiguity.
  4. Audit Before Closing Day
    Just as you would verify payoff statements and commission splits, add “inspection disclosure provided” to your pre-closing checklist. Catching errors early keeps the transaction moving.

The Risk Under Chapter 93A

Failure to comply with the new rules can be treated as an unfair or deceptive act under Massachusetts General Laws Chapter 93A. That means exposure not just to delays but to potential multiple damages and attorney’s fees in litigation. For professionals, ensuring compliance isn’t just about efficiency — it’s about risk management.

Final Word

Massachusetts’ new inspection rules will reshape the flow of transactions. By updating forms, tightening checklists, and communicating clearly with clients, real estate professionals can keep deals on track and avoid costly delays at the closing table.

home inspector

SOURCES

Massachusetts Executive Office of Housing and Livable Communities. (2025). Residential home inspection waivers: 760 CMR 74.00. Mass.gov. https://www.mass.gov/info-details/residential-home-inspections

Massachusetts General Laws ch. 93A (2025). Regulation of business practices for consumer protection. Massachusetts Legislature. https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter93A

Commonwealth of Massachusetts. (2024). Affordable Homes Act: Summary and implementation updates. Mass.gov. https://www.mass.gov/news/affordable-homes-act

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

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MA’s New Home Inspection Waiver Rules: What Real Estate Professionals Need to Know

MA’s New Home Inspection Waiver Rules: What Real Estate Professionals Need to Know

MA’s New Home Inspection Waiver Rules:

What Real Estate Professionals Need to Know

Massachusetts is about to change the way home inspections fit into real estate transactions. Beginning October 15, 2025, sellers and their agents will no longer be able to request, require, or even suggest that a buyer waive or limit their right to a licensed home inspection.

This new rule — part of the Affordable Homes Act and published under 760 CMR 74.00: Residential Home Inspection Waivers — is designed to protect buyers in a competitive market. In recent years, many buyers felt forced to waive inspections to make their offers more attractive, sometimes only to discover major defects after the closing. The new regulation aims to end that practice.

What’s Changing

Here’s the heart of the regulation:

  • No More Required Waivers: Sellers, listing agents, and brokers cannot condition the acceptance of an offer on the buyer giving up their inspection rights. Even hinting that a waiver is expected is off-limits.
  • Mandatory Disclosure: Sellers (or their agents) must give buyers a written notice confirming that the purchase is not contingent on waiving an inspection. The notice must also inform buyers of their right to hire a licensed home inspector and to have a reasonable period to complete the inspection.
  • Limited Exceptions: Certain transactions are exempt, including new home sales by builders, transfers between family members, and foreclosures or auctions.

What Real Estate Professionals Need to Update

These changes mean agents, lenders, and attorneys will need to revisit their standard forms and practices:

  • Listing Agreements and Purchase & Sale Contracts: Remove any language that suggests waiving inspections as a competitive tactic.
  • Disclosure Checklists: Add the new required notice and make sure it is provided in writing to every buyer.
  • Training and Client Conversations: Agents should prepare to explain to sellers that inspection waivers are no longer an option. Attorneys should counsel clients on compliance and be alert for outdated contract language.
  • Closing Procedures: Lenders and closing attorneys should confirm that inspection rights and notices have been properly documented before disbursement.

Why It Matters: Chapter 93A Liability

Violating the new inspection rules may expose sellers, brokers, or even attorneys to claims under Massachusetts General Laws Chapter 93A (Consumer Protection Act). That means:

  • Unfair or Deceptive Practices: If a buyer is pressured into waiving inspection rights or isn’t provided the proper notice, it could be considered an unfair or deceptive act.
  • Damages and Fees: Chapter 93A allows for multiple damages and recovery of attorney’s fees — a costly risk for professionals and clients alike.
  • Delayed or Voided Closings: Non-compliance could trigger disputes that stall or cancel transactions, undermining client trust and professional reputations.

Final Word

Massachusetts’ new home inspection waiver rules mark a significant shift in real estate practice. Beginning this fall, professionals will need to update their contracts, disclosures, and client conversations to reflect the new protections.

For agents, lenders, and attorneys, the safest path is clear: put compliance at the top of your checklist now to avoid costly surprises later.

home inspector

SOURCES

Massachusetts Executive Office of Housing and Livable Communities. (2025). Residential home inspection waivers: 760 CMR 74.00. Mass.gov. https://www.mass.gov/info-details/residential-home-inspections

Massachusetts General Laws ch. 93A (2025). Regulation of business practices for consumer protection. Massachusetts Legislature. https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter93A

Commonwealth of Massachusetts. (2024). Affordable Homes Act: Summary and implementation updates. Mass.gov. https://www.mass.gov/news/affordable-homes-act

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

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Lender Playbook: How to Reach the New Generation of Homebuyers

Lender Playbook: How to Reach the New Generation of Homebuyers

Lender Playbook: How to Reach the New Generation of Homebuyers

Key strategies for attracting Gen Z and millennial buyers in today’s market

First-time buyers now account for 58% of agency purchase lending, and Gen Z makes up a growing 25% of those loans. But winning their business requires a fresh approach: digital-first experiences, alternative credit scoring, and tailored loan products. For mortgage lenders in Massachusetts and New Hampshire, this isn’t just theory — it’s survival. In this playbook, we’ll break down the strategies that resonate with today’s buyers and help you capture tomorrow’s market.

Why This Matters

The share of first-time buyers is shrinking overall, and the median age of a first-time buyer has risen to 38. Gen Z, though small in numbers (just 3% of all buyers), is punching above its weight by embracing FHA loans, family assistance, and affordable markets. Millennials, meanwhile, are stalling under the weight of rising home prices and stagnant incomes.

For lenders, the question isn’t if you should adapt to these buyers — it’s how quickly you can.

Offer FHA and Low Down Payment Options

Younger buyers are strapped with student loans and high living costs, making traditional 20% down payments unrealistic. FHA and other low down payment products have become lifelines. Highlight these programs in your outreach, and make sure your application process clearly explains requirements, insurance costs, and benefits.

Playbook Tip: Don’t just advertise “low down payment loans.” Provide easy-to-digest comparisons that show real monthly savings.

Embrace Digital-First Lending

Gen Z has grown up with apps, mobile banking, and online shopping. They expect the same ease when applying for a mortgage. That means:

  • Online application portals that track progress in real time
  • Virtual closings and e-signatures
  • Mobile-friendly communication (texts > voicemails)

Playbook Tip: Invest in user experience. A clunky or outdated digital system is the fastest way to lose a young buyer’s trust.

Expand Credit Access with VantageScore 4.0

Traditional FICO models miss many younger buyers who have limited credit histories. The adoption of VantageScore 4.0 by Fannie and Freddie now allows rental, utility, and telecom payments to count toward creditworthiness.

Playbook Tip: Educate buyers on how their rent payments or phone bills can help build eligibility. Position your firm as the one that “opens doors” others might close.

Focus on Affordable Regions

Gen Z and millennials are avoiding expensive coastal metros and targeting affordable hubs. While Boston remains out of reach for many, smaller Massachusetts and New Hampshire markets — from Worcester to Nashua — are becoming hotspots.

Playbook Tip: Tailor marketing to highlight affordable entry points in your lending region. Show young buyers where their money stretches further.

Educate, Don’t Intimidate

Younger buyers are financially cautious. They want transparency, not jargon. Offering educational content — from down payment savings tips to debt reduction strategies — helps position lenders as trusted partners rather than gatekeepers.

Playbook Tip: Host webinars, create short guides, or even offer 1:1 consultations specifically for first-time buyers.

The Lender Recommendations at a Glance

Here’s your quick reference guide to reaching tomorrow’s homeowners:

  • Emphasize low down payment / FHA products
  • Highlight digital ease with online applications and virtual closings
  • Promote new credit scoring models (VantageScore 4.0, rent/utility history)
  • Segment geographically toward affordable regions
  • Provide educational resources to build trust and financial readiness

Final Word

The next generation of homebuyers is smaller, more cautious, and more demanding of digital convenience — but they’re also motivated. By rethinking your lending approach now, you can not only capture Gen Z and millennial buyers but also build loyalty that carries into their next purchase.

At The Law Office of David R. Rocheford, Jr., P.C., we partner with buyers and lenders across Massachusetts and New Hampshire to ensure every closing is smooth, compliant, and future-ready.

Let’s talk about how we can support your lending process and protect your transactions — schedule a consultation today

Lender Playbook How to Reach the New Generation of Homebuyers

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

From Our Clients

“I would highly recommend David as a closing attorney. I have known David and have been using his office for many years. David’s professionalism when dealing with me, my closing department and most especially my clients has been always exemplary.”
DAVID BREMER

SENIOR LOAN OFFICER, SHAMROCK FINANCIAL SERVICES

“The Law Office of Attorney David R. Rocheford, Jr. is by far the most exceptional real estate law office that I have had the pleasure of working with. The professionalism is by far second to none.”
JACQUI KEOGH

SENIOR LOAN OFFICER, SALEM FIVE MORTGAGE SERVICES

“Attorney David Rocheford has provided settlement and title services for me and Greenpark Mortgage several years. He has assisted all of my clients, including my family and friends with mortgage closings. Always providing excellent service. Reliable and trustworthy!”
SANDRA MALDONADO

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Why Fall Is the Smartest Season to Close on a Home in Massachusetts

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