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.”
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
Nov 15, 2024 | Buying Real Estate, Home Buyer Tips, Homebuyer Tips, Real Estate, Real Estate Agent Information, Real Estate Tips
Buying a home is one of the most exciting and important decisions you’ll ever make. It’s a significant milestone, but also a complex process with a lot of moving parts. Whether you’re a first-time homebuyer or a seasoned homeowner, it’s crucial that you feel confident every step of the way—and that includes your closing.
When you’re nearing the end of the home-buying process, one aspect that’s often overlooked is the role of your closing attorney. Here’s the good news: In Massachusetts and New Hampshire, you have the right to choose your own closing attorney. Yes, you have the power to select someone who will be there to guide you, protect your interests, and ensure a smooth closing.
What Exactly Does a Closing Attorney Do?
A closing attorney plays a key role in making sure everything goes smoothly at the finish line. They handle a lot of important details to make sure your home purchase is legitimate, legally sound, and properly executed. Here’s a quick overview of their role:
- Reviewing and explaining documents: They’ll go through the purchase agreement, mortgage documents, and other legal paperwork to make sure everything is in order.
- Title review: They’ll ensure that the home you’re buying has a clear title, meaning there are no legal claims against the property.
- Disbursement of funds: The attorney ensures that all the funds are distributed correctly at closing, including payments to the seller, real estate agents, and any other parties involved.
- Notarizing documents: They will handle any necessary notarization of documents to make the closing official and legal.
- Guiding you through the closing: They’ll be there to explain the process, answer your questions, and help you understand the terms of your agreement.
Why Should You Choose Your Own Attorney?
In many cases, lenders or real estate agents may suggest a particular attorney or title company to handle the closing. While it’s not uncommon for this to happen, it’s important to understand that you are not required to use their choice of attorney.
Why is this so important? Because when it comes to the closing of your home purchase, you want someone who has your best interests in mind—not the interests of a lender or seller. Your closing attorney’s role is to protect you throughout the entire process, and that includes making sure the paperwork is accurate, the title is clear, and that no last-minute issues arise.
If you feel more comfortable with someone else, or if you have a trusted attorney you’ve worked with before, it’s your right to bring them into the process.
How to Find a Closing Attorney
If you’re wondering how to find a qualified closing attorney, don’t worry—you’ve got options. Start by asking your real estate agent for recommendations. Many agents work closely with experienced attorneys and can point you in the right direction. Alternatively, your local bar association often offers a lawyer referral service, which can help you find a reputable attorney in your area who specializes in real estate law.
It’s also a good idea to interview a few attorneys before making your decision. You’ll want to ask about their experience with real estate transactions, their approach to the closing process, and what their fees are. It’s important that you feel comfortable and confident in your choice.
Why You Should Care About Your Closing Attorney
Ultimately, the closing attorney is there to safeguard your interests. You’ve likely spent months—or even longer—searching for the perfect home, securing financing, and navigating the complexities of the real estate market. The last thing you want is to rush through the closing process without fully understanding the terms of your deal.
By selecting your own attorney, you can rest easy knowing that you’ve got someone on your side, advocating for your best interests, and ensuring everything is done right.
Don’t Let Anyone Rush You
It’s easy to get caught up in the excitement and feel pressure from various parties involved in the transaction. But remember: the closing is your moment, and you deserve to feel confident about every decision, including who represents you.
Take a moment to select an attorney who will guide you through the process with transparency, integrity, and expertise. After all, buying a home is a big investment—and you deserve to have peace of mind that everything is being handled professionally.
Take Control of Your Home Purchase!
As you move toward closing on your new home, remember that you have the right to choose your own closing attorney in Massachusetts and New Hampshire. This is an important part of the process, and it’s essential that you feel fully supported and protected. If you’re unsure where to start, reach out to your real estate agent or local bar association for recommendations. The right closing attorney can make all the difference in ensuring your home-buying experience is a smooth and successful one.
Want to learn more about the home-buying process or need recommendations for trusted closing attorneys? Reach out today—we’re here to help you every step of the way!
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.”
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
Mar 16, 2023 | Real Estate Agent Information
Local economies can present a stern challenge to many real estate agents. This is the primary reason why agents should take measures that can help them keep a competitive edge in the market. For example, getting solid referrals is one measure that can help any agent get consistent commissions throughout the entire year. Marketing your services is a critical component of being a successful real estate agent, but you must also secure new referrals daily.
Let’s examine six invaluable tips that can help you get more business.
1. Offer a Unique Service
There are hundreds of agents competing for business in your area. Offering an unique service is one easy way of getting maximum exposure in your target area. It will help you generate more leads. What is your specialty? Do you specialize in single family homes or multifamily housing? Are you working with an experienced mortgage lender who has access to flexible conventional funding sources and special government home loans? Are you willing to work on a reduced commission? Your specialty can separate you from the competition. Create a brochure or flyer that features your unique service. Handing out this flyer or brochure at open houses will inform prospects about your unique service. Your prospects will be more inclined to discuss their needs with you and if they have family or friends with similar circumstances they may share your information with them too.
2. Retain Relationships with Past Clients
Retaining relationships with past clients is one simple method of getting referrals, but generally overlooked. Your past clients are always in contact with others who are in need of your services. They will be more than happy to give you new leads if you provided them with exceptional service. Periodical phone calls or emails will help you stay in position to get new business. Your past clients will be more than happy to give you referrals if you simply ask.
3. Cultivate Relationships with Colleagues in Your Industry
Building productive relationships with colleagues can help you expand your business. Attending real estate network marketing events throughout the entire year and distributing your business card will give you a golden opportunity to work with other agents. Building relationships with other agents can lead to agent referrals.
4. Use Written Reminders
Including a written reminder at the bottom of your emails and business letters can stimulate readers to be proactive with sharing referrals.
Use one of the following examples below or create your own:
- A good referral is an excellent way of thanking me for my services.
- Please tell your friends about me!
5. Social Media Channels
Taking advantage of social media channels on the Internet can also make it easy for you to get new referrals. The new digital age of communication has taken the real estate industry to another level. Popular social media sites such as Facebook, LinkedIn, and Twitter help you build your personal brand. Building your brand can easily be accomplished by befriending people in these social media channels. Tell your new social networking contacts about your business. Ask your new contacts to tell their associates about your business. Participating in the social media arena can help you get a considerable amount of referrals throughout the year.
6. Become an Expert
Becoming an expert can help you get tons of leads every year. You can become an expert by staying abreast of trends taking place in the industry. You can share your knowledge with prospects by hosting monthly seminars. Your seminars should center on sharing real estate information and cultivating new leads for your business. Seminars give you a chance to showcase your talent so potential clients know why they should work with you. If you encourage prospects to tell others about your monthly seminars your attendance can grow and stimulate your sales funnel with more clients.
Time for Review
Even if the economy is making it difficult for real estate agents, you can take action by implementing a few strategies to avoid any meltdown. Getting more referrals on a daily basis will help you build a strong business so you reach your full potential. Review the steps you take to secure referrals daily and if you’re not meeting your quota than determine the steps you must take starting today!
Mar 16, 2023 | Real Estate Agent Information
You’re sitting across from a prospect, just about to pop the question. You take a deep breath as he looks over the paperwork. Silently, you curl your toes under the desk as you do everything
in your power to appear calm and collected; the client must not know how much this listing means to your family. As if in slow motion, just before the words, “Are you ready to sign,” can form themselves in a nonchalant manner and burst from your lips, it happens. Mr. Quibble stabs at the contract, placing the tip of his fountain pen on your listed rate of commission. “Now, let me ask you this,” he blusters authoritatively. “Are you willing to come down from your rate of commission to make this deal?” Pause the tape.
This one question is the deal-breaker. Answer it correctly, and you win; not only at this particular contract table, but also at the entire real estate game. Answer it wrong, and you can kiss your dreams of success as a real estate agent goodbye. So, let’s cut to the chase. What is the correct answer? It is, and almost ALWAYS shall be, “No, that’s a flat rate. Do you have any other questions?” Trouble is, in this case, you are dealing with Mr. Al Dicker N. Quibble, the cheapest, most argumentative haggler ever to darken the doors of a business establishment. It’s not just you; Mr. Quibble likes to find a deal where ever he goes. Wal-mart clerks groan when they see him approaching, anxious to prove why he deserves a discount on fountain pens. Car salesmen dissolve into tears over their vanished commission checks after he leaves the car lot grinning triumphantly. Now he’s staring you down, sizing you up, and searching for the tiniest crack in your resolve.
Can you stick to your guns? You can. You must; not only for your own sake, but also for Mr. Quibble. If he asks, “Why?” Here are six good reasons. 7 “Because I am a professional, not a street market vendor.” Do professionals allow clients to haggle over the costs of their services? Don’t try it with your attorney or physician. As a professional real estate agent, you should be working to build expertise and quality service. If you are, then you shouldn’t allow your business to be treated like a used car lot. Commission negotiation should be a nonissue. “Because if I do, selling your home will become less of a priority.” It’s just human nature: if you have two listings, one of them discounted and one at full commission, when your mortgage and car payments come due, it’s only natural you’ll show the home that’s listed at full commission. “Because success for both of us hinges on my staying upbeat.” In the real estate game, enthusiasm and confidence are indispensable.
There’s nothing as discouraging as losing big on an important deal, especially when it has the potential to set a precedent. If you ever open the door to cutting commission, it will be twice as hard to stand firm the next time you go up against a tough customer. Consider it practice for negotiating the best deal for Mr. Quibble from the buyer. If you can’t even negotiate your own rate, how can the client expect you to swing him a deal at the negotiating table? “Because I don’t have time to evaluate my rates on a case-by-case basis.” Once you begin allowing certain clients lower commission rates, each prospective client becomes a potential recipient of your “generosity” should you be so persuaded. Even if you only lower your rates for friends and “hard luck” cases, the bottom line is that now you must decide which clients deserve a lower rate. What happens when your annoying cousin thinks you’ll lower her cost like you did for her brother, but instead you choose to charge full commission?
The added stress over strained relationships due to your perceived partiality is not worth it. “Because you need me to set the pace.” When you give in to a client’s request to come off your set commission, you are putting him in the driver’s seat. Now, he’s much less likely to yield to your caution about overpricing his house. That translates into longer time sitting on the market. “Because I’m not THAT desperate.” If you regularly work at lead generation, you won’t be at the mercy of “Mr. Quibble” types. So what if Mr. Quibble doesn’t sign? Do you really think a cut-rate commission could be worth trying to placate his every whim? Spend your time generating quality leads. Don’t stress over your commission. Use your energy developing your expertise, and let the Quibbles and chips fall where they may.
Mar 16, 2023 | Real Estate Agent Information
A real estate agent needs to maintain a strong communications network in order to be truly successful. As a result, it is important to build a relationship and regularl
y keep in touch with past and current clients, as well as plan to create ties with clients in the future. This personal bond with each client will make them more likely to remember you and your excellent services, rely on you in the future, and recommend you to their family and friends. The key to keeping in touch with clients is to determine if they want a relationship and then to contact them in a way that they prefer that still manages to be memorable.
1. Provide Memorable Gifts to Past Clients These gifts can be very small and unobtrusive, but also useful. They ought to have your contact information on them and be designed to be used in a prominent place. This way, if a client needs you, they will have your number close at hand to call. Some examples of unusual gifts that still manage to be completely useful are magnets that label the dishwasher as dirty and clean, thereby stopping anyone from putting away dirty dishes or rewashing clean ones. Sending small gifts of food that have a clever slogan is also an excellent way to keep yourself in the forefront of a past client’s mind and make him or her more likely to recommend you to family and friends. 7 Sending free movie passes, packets of seeds for flowers that are easy to grow, and entertaining stickers are all great, easy gifts to send to maintain contact with clients.
2. Personal Cards Many real estate agents send cards to their clients around the holidays, but there is a better way to stand out in the crowd. Remembering important dates in the lives of the clients, such as when they first signed the deed to the house, their birthdays, wedding anniversaries, and graduations. By sending cards that commemorate one of these days, it will show the client that you care about their lives. Handwriting the cards is a nice touch that is well worth the time and effort.
3. Use Customer Feedback Surveys Another excellent way to maintain contact is to use customer feedback surveys that assess how satisfied customers were with the services and show that their input is important. Most people recommend that the surveys be sent to the customers about two or three weeks after the sale of the home has been closed. This also allows you to solidify contact information with past clients.
4. Provide Organization When it is time for all of the taxes to be filed, a client can feel overwhelmed with the amount of paperwork that needs to be collected in order to accurately pay their taxes. One easy way to help a client and catapult yourself to high esteem is to take all of the forms and paperwork that were generated throughout the entire process and put them in a binder with marked tabs. The forms that could be included are warranties, any statements of settlement, HUD documents, and appraisals. All of this helps with homeowners filing their taxes and feeling confident that they have been done correctly. It also increases your usefulness, even after the sale has been closed.
5. Call Them If a client seems to be receptive to phone calls, a few days after they have moved into their new home, call them. This is an extremely effective tactic because it not only shows you care about how your clients are doing, but also shows that you are willing to be contacted after the sale has closed. Calling clients makes it easier for the client to call you if he or she is having a problem or wants advice. Using a service such as SlyDial allows you to call a client as unobtrusively as possible, performing the call without even disrupting a current call that might be going on.
6. Provide Useful Advice Providing helpful advice isn’t considered invasive. This advice could be in the form of tips for decorating a home for different seasons, ideas for home improvement projects, and advice with regards to maintaining the home. Past clients will appreciate these ideas for making their home worth more.
By using some of these methods, it will be possible for you to keep in contact with your clients and build relationships that will last for years and produce referrals regularly.
Mar 12, 2023 | Real Estate Agent Information
There was a time when marketing was as simple as taking out a newspaper ad, sponsoring a radio program or putting up a billboard in a highly visible area. These times are gone, and
marketing is now one of the most complex issues that a budding real estate agent will come across. Fortunately, the amount of potential marketing tools out there does offer one distinct advantage: potential cost savings. And in the world of real estate, these low-cost marketing techniques can make all of the difference in the world. Even implementing a few of these methods can really be a game changer.
Video is Worth a Thousand Pictures They say that pictures are worth a thousand words, and if this is true, then videos are worth a thousand pictures. Whether this video is a walk-through of the newest residential property in your portfolio or a four-minute video on the best ways to buy a home, the point is to get video content out to the world. The reason video marketing is such a great tool is that it increases conversion rates. In fact, statistics show that a potential consumer is 64 percent more likely to make a purchase after watching a video on a product. This single statistic is enough to make it apparent that you should be using video marketing, and if you’re not, now is the time. Many real estate agents, though, will dismiss the idea of video marketing because they don’t think they have to ability. In reality, though, great quality videos now require little more than a smartphone and tripod. 5 With this powerful marketing tool being so simple to utilize, it doesn’t make much sense if you’re not using it.
Reach Out a Congratulatory Hand Being involved in real estate is far different from any other type of business endeavor you could undertake. Every budding entrepreneur needs to become established within their community, but real estate agents need to make honest interpersonal relationships with everyone, including notable figures, in their area. One way that a variety of agents do this is by keeping tab with the local news. This used to require spending a dollar on a daily newspaper, but now it’s as simple as checking local news sites to see what’s happening in the community. Once you spot a “feel good” story, you have your opening. Simply take the time to sit down and jot a congratulatory note for the individual featured in the story. Whether this is a simple “Congratulations on your new store” or “Great job on saving those geese,” the point is to make an impact on the individual. Include your business card in this note, and when they or a friend needs real estate help, you’ll likely be who they turn to. Be the News Some real estate agents often overlook the power of a local newspaper, but they fail to realize that, even in the Age of the Internet, local news sources are still an invaluable source. In fact, even print sources usually have their own corner on the World Wide Web. Knowing this, it’s surprising that more real estate agents don’t send out weekly press releases to the media sources in their local community.
These releases don’t even necessarily need to be big news; many local news organizations will print anything from purchasing tips to the opening of a new office in the area. Another surefire way to get promoted by local news sources is to piggyback off of other important stories. Are there new property taxes set to be implemented? Do a press release on what this means for the housing market. New road work projects on the horizon? Write out information on what this could do to home values in the area.
Take a close look at all the stories in a local newspaper. It should quickly become obvious that not all “news” is really news. Never Overlook Social Media While it seems like one of the most obvious low-cost marketing methods, around 16% of real estate agents use no form of social media. This is simply astounding considering running a social media profile is absolutely free. When compared to other businesses, real estate agents use both Facebook and YouTube social media at higher rates than others. In fact, nearly 80 percent of all real estate agents use Facebook. Doing this is as simple as posting those local articles and videos you’ve created through the aforementioned marketing tactics. In the end, the success of your real estate business will rest upon your ability to get your name out there. Fortunately, this doesn’t require a huge marketing budget. Through the use of the aforementioned low-cost methods, you can become a success.