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FAQ

Frequently asked questions

Straight answers to the questions we hear most from buyers, sellers, agents, and landlords.

Buying

Do I need an attorney to buy a home in Massachusetts or Rhode Island?

Having your own attorney means someone reviews the purchase and sale agreement, explains the title report and closing documents, and speaks for you if something goes wrong. Cash buyers and investors also rely on us to run the closing itself.

Can you represent both me and my lender?

Often, yes. We can represent both the buyer and the lender at closing as long as we are approved on the lender's attorney list, and we are approved with most lenders. A few lenders keep a closed list and use only their own attorneys. If your lender is one of them, we can still represent you as the buyer. Tell us who your lender is early and we will confirm.

What does a buyer typically pay at closing?

Recording fees for the deed and mortgage, title examination, title insurance, the municipal lien certificate, the closing fee, and your lender's charges. You will also prepay some interest, taxes, and homeowner's insurance. Our closing cost estimator gives you a starting figure.

What is owner's title insurance and do I need it?

The lender's policy protects only the bank. An owner's policy protects you against covered title problems that existed before you bought, such as an old unpaid lien or a forged deed in the chain of title. It is a one-time premium paid at closing and lasts as long as you or your heirs own the property. We recommend it for most purchases.

What is a Declaration of Homestead?

In Massachusetts, a recorded Declaration of Homestead protects equity in your primary residence from certain creditors, up to the statutory limit. We can prepare and record it at your closing for the registry fee.

Do I have to come to West Boylston for my closing?

No. Not every closing takes place at our West Boylston office. We can arrange a mutually convenient location to sign your closing documents anywhere in Massachusetts or Rhode Island.

How long does a closing take?

The signing itself usually takes about an hour. Plan on about an hour and a half if there is also a down payment assistance loan, or if the closing is done with the help of a translator. The time from accepted offer to closing depends on the contract and the lender, and is commonly 30 to 60 days for financed purchases and faster for cash.

Selling

Who pays the transfer tax?

By custom the seller pays it in both states: Massachusetts deed excise stamps and the Rhode Island real estate conveyance tax. The contract can shift that cost, so check your purchase and sale agreement.

What do I need to bring to closing as a seller?

A government-issued photo ID, keys and garage openers, and any documents we request ahead of time, such as a smoke and CO certificate in Massachusetts, a final water and sewer reading, and the information we need to order your mortgage payoff.

What if I need to stay in the house after closing?

That is handled with a use and occupancy agreement that sets the move-out date, daily charges, and an escrow holdback. Get it in writing before closing. We draft these regularly and handle enforcement if a seller does not leave on time.

How are my net proceeds calculated?

Sale price, minus the transfer tax, commission, mortgage payoffs, discharge recording fees, attorney fees, and adjustments for real estate taxes, water and sewer, and any condo fees. The seller side of our estimator gives a quick figure.

Real estate agents

How do I send O2O Property Law a new file?

Email the accepted offer or signed P&S, the parties' contact information, and the lender and loan officer to Paula@o2olaw.com, or use the contact form. We confirm receipt and open the file the same business day when possible.

Do you close in both Massachusetts and Rhode Island?

Yes. Paula Miller is admitted in both states, which helps with investors and buyers who work on both sides of the border.

How accurate is the closing cost estimator?

The transfer tax and recording figures follow the current published rates. Title insurance, attorney fees, and municipal charges use typical figures you can adjust. Prepaids, escrows, and prorations are not included. Treat the result as a planning number and call us for a firm figure.

Landlords, investors & estates

Can you help with an eviction?

Yes. We represent landlords in summary process cases, starting with the correct notice to quit and continuing through housing court. Notice requirements are strict, so call us before you serve anything.

Do you handle wholesale and investor deals?

Yes, including assignments of contract, LLC purchases, seller financing, and lease-purchase agreements.

A family member died and owned a house. What happens now?

Usually the estate must go through probate before the property can be sold or transferred, and a personal representative is appointed to act for the estate. We handle the probate filings and the sale.

Don't see your question?

Call (978) 862-6529 or send us a message. The answers above are general information and may not fit your situation.