Apr 16, 2025 | Consumer Tips, Financial Reports, Home Buyer Tips, Home Buying Tips, Home Financing Tips, Home Mortgage, Home Mortgage Tips, Home Seller Tips, Home Selling Tips
Understanding Transfer Taxes (Tax Stamps) in Massachusetts
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.
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.
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.
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.
- 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.
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.
1234 Divi St. #1000, San Francisco, CA 94220
Copyright © 2025 Divi. All Rights Reserved.
Apr 16, 2025 | Consumer Tips, Fair Housing, Home Building Tips, Home Buyer Tips, Home Buying Tips, Home Maintenance, Home Seller Tips, Home Tips, Selling Real Estate, Selling Your Home
Won’t You Be My Neighbor? ADUs Now Permitted by Right in Massachusetts
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.
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
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
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.
1234 Divi St. #1000, San Francisco, CA 94220
Copyright © 2025 Divi. All Rights Reserved.
Apr 15, 2025 | Home Building Tips, Home Buyer Tips, Home Buying Tips, Home Mortgage, Home Mortgage Tips, Homebuyer Tips, Homeowner Tips
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.
Here are five title issues that can stall or kill a closing — and how Realtors®, loan processors, and mortgage teams can flag them early.
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.
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.
Providing title, escrow, closing and settlement services to clients throughout Massachusetts and New Hampshire
“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!”
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!”
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.”
Buzzards Bay, MA
Apr 15, 2025 | Consumer Tips, Home Buyer Tips, Home Buying Tips, Home Closings, Home Seller Tips, Home Selling Tips, Homebuyer Tips, Homeowner Tips
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.
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.
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.
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.
Providing title, escrow, closing and settlement services to clients throughout Massachusetts and New Hampshire
“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!”
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!”
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.”
Buzzards Bay, MA
Mar 20, 2025 | Home Buyer Tips, Home Buying Tips, Home Closings, Home Mortgage Tips, Home Seller Tips, Home Selling Tips, Home Tips, Uncategorized
AI in Real Estate: Smarter Searches, Faster Decisions
Artificial intelligence isn’t just for sci-fi movies anymore. In 2025, AI-powered tools are taking center stage in real estate. Automated property valuations, predictive analytics, and smart contract systems are helping both buyers and sellers make better-informed decisions.
Remote Closings and Digital Notarization: Convenience at Your Fingertips
Gone are the days of scrambling to find a babysitter or leaving work early to sign documents in person. With digital notarization and remote closings gaining popularity, finalizing a real estate transaction can often be done from the comfort of your couch.
Note: Remote closings are determined by state and local allowances, please defer to your Closing Attorney for any questions regarding the closing process and options.
Eco-Friendly Features in Demand
Today’s buyers are increasingly prioritizing sustainable living. Homes with solar panels, energy-efficient windows, and improved insulation are becoming top contenders. In New England’s chilly winters, these upgrades can mean real savings (and warmer toes).
Market Shifts in Coastal Areas
With rising insurance costs and climate risks, coastal properties in Massachusetts and New Hampshire may see shifts in demand. Buyers are becoming more cautious, and sellers are exploring ways to make their properties more resilient.
Tips for Navigating a Competitive Market
If you’re buying in 2025, expect some competition. Here’s how to stand out:
- Get pre-approved for your mortgage to show sellers you’re serious.
- You can choose a trusted closing attorney to work with ensuring your paperwork is airtight.
- Don’t skip the home inspection, even in a bidding war—it’s your best defense against post-closing surprises.
For sellers: Highlight energy-efficient upgrades, emphasize flexible spaces like home offices, and work with an experienced real estate attorney to ensure a smooth closing process.
Stay Ahead of the Curve
The 2025 real estate landscape may feel unpredictable, but with the right guidance, you can confidently navigate the market. Whether you’re buying or selling in Massachusetts or New Hampshire, The Law Office of David R. Rocheford, Jr. P.C. is here to help ensure your closing process goes smoothly.
Ready to take control of your closing experience? Contact us today to learn more about your rights and how we can help you through the process.
Providing title, escrow, closing and settlement services to clients throughout Massachusetts and New Hampshire
“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.”
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.”
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!”
Feb 14, 2025 | Buying Real Estate, Consumer Tips, Home Buyer Tips, Home Buying Tips, Home Mortgage, Home Mortgage Tips, Home Seller Tips, Home Selling Tips, Home Tips, Housing Market, Investment Properties, Mortagage Tips, Mortgage, Mortgage Lenders, Mortgage Tips, News, Real Estate, Real Estate Agent Information, Real Estate Tips, Real Estate Trends, Realtors, Selling Real Estate, Selling Your Home
Below is our summary of significant legislative development that impacts our industry. The Massachusetts General Court has introduced a bill titled “An Act protecting consumer rights in purchasing safe and habitable homes.” This bill, presented by Representative Brian M. Ashe and others, aims to enhance consumer protection by ensuring that buyers have the right to conduct home inspections when purchasing residential properties. Below, I have provided a detailed summary of the key provisions and implications of this bill for real estate professionals.
The bill aims to ensure that buyers have the right to home inspections when purchasing residential properties, including houses and condominiums.
An inspection involves a licensed home inspector evaluating various components of the property, such as heating, cooling, plumbing, electrical systems, structural components, foundation, roof, and more.
- Buyers have the right to have the property inspected within 10 days of the seller accepting their offer, unless a different period is agreed upon in writing.
- Sellers cannot condition the acceptance of an offer on the buyer waiving their right to an inspection, except in certain cases like auctions or sales to close family members.
Every offer to purchase must include a clause informing the buyer of their right to an inspection and the conditions under which they can revoke the offer if significant defects are found.
- Sellers must comply with the inspection rights and cannot accept offers that waive these rights unless specific exceptions apply.
- Violations by sellers can result in damages to the buyer and civil penalties.
An inspection involves a licensed home inspector evaluating various components of the property, such as heating, cooling, plumbing, electrical systems, structural components, foundation, roof, and more.
This bill is designed to protect consumers by ensuring they have the opportunity to identify any significant issues with a property before finalizing the purchase.
The legislation has several implications for for real estate agents, brokers and Realtors:
Disclosure and Compliance:
- Real estate agents must ensure that all offers to purchase include the required language informing buyers of their right to a home inspection.
- Agents must be aware of the 10-day inspection period (or longer if agreed upon) and ensure that this is communicated clearly to both buyers and sellers.
- Agents cannot advise or encourage sellers to condition the acceptance of an offer on the buyer waiving their right to an inspection, except in specific cases like auctions or sales to close family members.
- They must ensure that sellers do not accept offers from buyers who indicate an intention to waive the inspection right, unless the exceptions apply.
Legal and Financial Implications:
- If a seller violates the provisions of this bill, the real estate agent could be implicated in any resulting legal actions or penalties. This includes potential civil penalties and damages to the buyer.
- Agents need to stay informed about the legal requirements and ensure their practices comply with the new regulations to avoid liability.
- The bill enhances consumer protection, which may increase buyer confidence in the real estate market. Agents can use this as a selling point to assure buyers that their rights are protected.
- Agents should be prepared to guide buyers through the inspection process and help them understand their rights and options if significant defects are found.
Overall, real estate professionals will need to adapt their practices to ensure full compliance with the new regulations, prioritize transparency, and protect the interests of their clients. This may involve additional training and adjustments to standard operating procedures.
Statutory Offer to Purchase Language
According to the bill each offer to purchase a residential structure or residential condominium unit shall include the following language:
“Buyer is entitled under section 115 of chapter 93 of the General 33 Laws to choose to have the premises inspected at Buyer’s expense within 10 days, or longer as Seller and Buyer may agree in writing, of Seller’s acceptance of Buyer’s offer to purchase. Unless one of the exceptions in said section 115 applies, neither Seller nor Buyer may make acceptance of this offer to purchase contingent upon waiver, limitation or restriction of Buyer’s right to choose to obtain a home inspection. Should Buyer choose to have the premises inspected, if it is the inspector’s opinion that the premises contain serious structural, mechanical or other defects and if the repair of such defects would cost Buyer in the aggregate more than the amount indicated by the Buyer herein ($________), then Buyer shall have the option of revoking this offer to purchase by written notice to the Seller or Seller’s agent within 5 business days of the date of the inspection, or longer as Seller and Buyer may agree in writing. Such notice shall be accompanied by a copy of the inspector’s opinion and a copy of cost estimates obtained by Buyer.”
Understanding and complying with this new legislation is crucial for all real estate professionals. By staying informed and adapting practices, we can better serve our clients and uphold the integrity of our industry. If you have any questions or need further clarification on this bill, please do not hesitate to reach out to one of our Real Estate Attorneys.
Providing title, escrow, closing and settlement services to clients throughout Massachusetts and New Hampshire
“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.”
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.”
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!”
