Oct 14, 2025 | Home Building Tips, Home Buyer Tips, Home Buying Tips, Home Closings, Home Mortgage Tips, Home Seller Tips, Home Selling Tips
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).
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).
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.
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.
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).
The key is acting quickly and documenting every communication. Your attorney ensures all notices and releases are executed properly to protect you from liability.
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.
Providing title, escrow, closing and settlement services to clients throughout Massachusetts and New Hampshire
Oct 14, 2025 | Home Buyer Tips, Home Buying Tips, Home Seller Tips, Home Selling Tips
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.
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.
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.
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.
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.
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
Providing title, escrow, closing and settlement services to clients throughout Massachusetts and New Hampshire
Aug 21, 2025 | Home Buyer Tips, Home Buying Tips, Home Care, Home Maintenance, Home Mortgage, Home Seller Tips, Home Selling Tips, Homebuyer Tips, Homeowner Tips, Housing Analysis, Housing 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.
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
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
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!”
Aug 21, 2025 | Buying Real Estate, Consumer Tips, Credit Scoring, Home Building Tips, Home Buyer Tips, Home Buying Tips, Home Closings, Home Mortgage, Home Mortgage Tips, Home Seller Tips, Home Selling Tips, Home Tips, Home Values, Homebuyer Tips, Homeowner Tips
Once upon a time, the path to homeownership started in your late 20s. Today, the median age of a first-time buyer has climbed to 38 — the highest in U.S. history. In Massachusetts and New Hampshire, where prices remain high and incomes haven’t kept pace, first-time buyers make up only 24% of the market. This generational shift isn’t just a national trend — it’s reshaping local markets, too. Let’s explore why fewer young buyers are entering the game and what it means for buyers, sellers, and lenders alike.
The Shrinking First-Time Buyer Pool
In 2010, first-time buyers represented half the housing market. By 2024, that number dropped to less than a quarter. It’s not because younger generations don’t want to buy — surveys show they do — but the financial barriers are higher than ever.
For Massachusetts and New Hampshire buyers, the challenge is particularly acute. Both states rank among the nation’s most expensive housing markets, with limited inventory and bidding wars still common in desirable areas. That leaves many would-be buyers sidelined, even when mortgage rates dip slightly.
Why It’s Harder Than Ever
The income needed to buy a median-priced home has soared to over $126,000 a year, nearly 60% higher than in 2021. Meanwhile, household incomes in the region have barely budged. That mismatch has locked many younger buyers out of the market.
Millennials and Gen Z carry heavy financial baggage, from student loans to credit card balances. With Gen Z’s average personal debt topping $94,000, saving for a down payment feels more like a marathon than a sprint.
Entry-level homes — once the natural first step into ownership — are scarce. Many builders in New England focus on higher-margin luxury units, while affordable starter homes are either aging or quickly snapped up.
Younger generations are delaying marriage, children, and long-term settling, which historically drove first-home purchases. Add in higher rent burdens and inflation, and the dream of ownership is being pushed later into life.
What This Means for Sellers
If you’re selling in Massachusetts or New Hampshire, this trend could mean fewer young families competing for your property. That may soften demand in some price brackets, especially for entry-level homes. On the flip side, it also means that when younger buyers do show up, they’re highly motivated — and often well-prepared with family support, FHA financing, or cash gifts.
What This Means for Lenders
Lenders can’t assume yesterday’s products will work for today’s market. Winning over first-time buyers requires:
- FHA and low down payment options to lower the entry barrier
- Alternative credit scoring (including rental and utility history) to qualify more applicants
- Digital-first lending to meet younger buyers where they are
- Educational resources to guide cautious, debt-burdened buyers through the process
The lenders who succeed won’t just hand out mortgages — they’ll provide tools, trust, and guidance.
What This Means for Buyers
If you’re a first-time buyer in MA or NH, you’re not alone in feeling like the deck is stacked against you. But there are pathways forward:
- Explore FHA or MassHousing programs that reduce down payment hurdles
- Work with a closing attorney early to understand costs and risks
- Consider expanding your search beyond major metros into more affordable towns or suburbs
The shrinking pool of first-time buyers isn’t just a statistic — it’s a reality that shapes how homes are bought, sold, and financed in Massachusetts and New Hampshire. For buyers, it means persistence and planning. For sellers, it means understanding who your likely buyers really are. And for lenders, it means rethinking old playbooks to stay relevant.
At The Law Office of David R. Rocheford, Jr., P.C., we help buyers, sellers, and lenders adapt to today’s challenges and keep closings on track.
Ready to navigate the new landscape? Contact us today
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!”
Jul 17, 2025 | Home Buyer Tips, Home Mortgage, Home Seller Tips, Home Tips, Mortgage Lenders, News, Real Estate, Real Estate Tips
When you’re buying a home, there’s no shortage of decisions to make—fixed or adjustable rate? Move-in ready or fixer-upper? But here’s one question you might not have considered: Should you use the attorney your lender recommends for your closing?
In Massachusetts and New Hampshire, the answer isn’t as straightforward as you might think. Let’s break it down so you can make the choice that’s right for you.
Who Does the Lender’s Attorney Represent?
In many cases, the attorney your lender suggests is hired to prepare the loan documents and ensure the lender’s interests are protected. That’s right: their job is to watch out for the bank—not you.
While they may seem helpful and experienced, their primary duty is making sure the lender gets paid and the mortgage is legally enforceable.
Why You Need Independent Counsel
As the buyer, you’re making a huge investment. Wouldn’t you want someone looking out for your interests? Here’s what an independent closing attorney like The Law Office of David R. Rocheford, Jr., P.C. brings to the table:
- Protecting Your Rights: We review contracts, disclosures, and settlement statements for errors or unfavorable terms that could cost you later.
- Preventing Surprises: From title issues to zoning concerns, we catch potential problems before they derail your closing.
- Explaining the Fine Print: We translate legal jargon into plain English so you know exactly what you’re signing.
- Advocating for You: If disputes arise, we’re in your corner—not the lender’s.
What the Law Says in MA and NH
- In Massachusetts, buyers are required to have their own attorney for certain aspects of the closing process.
- In New Hampshire, it’s not legally required, but strongly recommended—especially for first-time buyers or complex transactions.
Your Advocate at the Closing Table
At The Law Office of David R. Rocheford, Jr., P.C., we help buyers throughout Massachusetts and Southern New Hampshire close with confidence. Whether you’re buying your first home or your forever home, our team ensures your interests come first—every step of the way.
Have questions about hiring your own closing attorney? Call us today and let’s talk.
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!”
Jun 19, 2025 | Around The Home, Around The Hoome, Artificial intelligence, Buying Real Estate, Chapter 7 Bankruptcy, Consumer Tips, Credit Scoring, Fair Housing, Federal Reserve, FHFA, Financial Crisis, Financial Fraud, Financial Reports, Foreclosure, Happy Thanksgiving, Holidays, Home Building Tips, Home Buyer Tips, Home Buying Tips, Home Care, Home Care Tips, Home Closings, Home Decorating, Home Financing Tips, Home Maintenance, Home Mortgage, Home Mortgage Tips, Home Seller Tips, Home Selling Tips, Home Tips, Home Values, Homebuyer Tips, Homeowner Tips, Housing Analysis, Housing Market, Interesting Stuff, Investment Properties, Legislation, Market Outlook, Mortagage Tips, Mortgage, Mortgage Guidelines, Mortgage Lenders, Mortgage Rates, Mortgage Tips, mortgage-rates-whats-ahead-september-17-2012, News, Organization Tips, Personal Finance, Probate Law, Rankings, Real Estate, Real Estate Agent Information, Real Estate Definitions, Real Estate Tips, Real Estate Trends, Realtors, Selling Real Estate, Selling Your Home, Short Sales, Statistics, Success, Taxes, The Economy, Title Insurance
Whether you’re buying with cash, investing from abroad, transferring property to a family member, or just trying to close without a headache, you’ll want to know what can trigger federal scrutiny — and how to stay off the radar.
From flagged wire transfers and shell companies to gift-of-equity sales and land near military zones, this isn’t your average title-and-keys situation.
It’s real estate with a side of national security, tax enforcement, and financial crime prevention.
Is Big Brother Watching Your Home Sale?
What Buyers and Sellers Should Know About Federal Oversight
You’re Not Paranoid — They Might Actually Be Watching
What you didn’t know on how federal agencies keep tabs on select real estate transactions.
Your Closing Packet Could Be a Federal File
How Your Paper Trail Might Raise Red Flags — And What You Can Do About It
What the FBI, IRS, and Homeland Security
Could See in Your Closing Docs
We’re unpacking what agencies might spot inside your deal’s fine print.
Caught in the Crosshairs? What Triggers Federal Interest in Your Home Sale
The Top Red Flags That Could Invite a Closer Look from Washington
Cash, LLCs, or Land Near a Base? You Might Just Be a Target
The warning signs that put your deal on the government’s radar — and how to stay clear.
Follow the Money: How the IRS Tracks Financial Crimes Through Real Estate
From Unreported Income to Shell Game Schemes
— What IRS-CI Is Looking For
Your Closing Could Be an Audit Trigger — Here’s How the IRS Sees It
Explore the patterns, documents, and loopholes that turn ordinary deals into criminal cases.
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
