Do sellers also need a residential real estate closing attorney in Massachusetts, or is it optional?
In Massachusetts, yes — sellers absolutely need a residential real estate closing attorney. It’s not optional. Massachusetts is what’s called an attorney state, meaning an attorney must be involved in the closing for both buyers and sellers.
Now, here’s where it gets a little more practical and a lot more important.
Even though the buyer’s attorney typically drafts the Purchase & Sale Agreement and handles the closing mechanics, the seller’s attorney plays a very different — and very protective — role. Think of them as your personal shield and guide through the legal side of the transaction.
Here’s what a seller’s attorney actually does for you:
- Reviews and negotiates the Purchase & Sale Agreement to make sure your interests are protected.
- Ensures your deed is properly prepared and legally compliant.
- Resolves title issues that could delay or derail the closing.
- Coordinates payoff of your mortgage and clears liens.
- Represents you at the closing table, making sure everything is accurate before you sign.
Could a seller try to go without one? Technically, no. The closing cannot legally happen without attorney involvement. But even if it were optional, skipping your own attorney would be like stepping outside without checking the weather first. You might get lucky… or you might get soaked.
A seller’s attorney is usually a modest cost compared to the size of the transaction, and they’re one of the best safeguards you have during the sale. In a state where real estate moves fast and legal details matter, having your own representation isn’t just required — it’s smart.
If you’re selling in Massachusetts, plan on having a closing attorney on your team. It keeps the process smoother, safer, and far less stressful.