Legal Question in Real Estate Law in Massachusetts
Does Mass. seller need to be present at closing?
I will soon be moving to the west. I own a condominium in Massachusetts which I am currently renting and intend to keep at this point. However, if I ever decide to sell it, would I need to be present at the closing, or could a lawyer or agent handle the closing for me? If not, would I need to give power of attorney to one of my family members for the purpose of closing on the condo. I ask this because traveling is very difficult for me. Thank you for your attention to this matter.
4 Answers from Attorneys
Mass. seller need not be present at closing
Generally speaking, the seller does not need to personally
attend a closing. However, you will need to sign the deed in
advance (and have it notarized). You will also need to
appoint an attorney in fact (which may or may not be your
lawyer) to attend the closing and sign all of the other
customary documents on your behalf.
Regards,
Alan
Alan D. Humbert
Law Office of Alan D. Humbert
134 Main Street
Re: Does seller need to be present at closing?
It's a bit unusual but some attorneys will handle that for you.
I would, for example. Keep my name handy!
Stuart Williams
Law Offices of Stuart J. Williams
21 Walter St.
Does Mass. seller need to be present at closing?
Usually the seller can sign the deed in advance and have an agent attend the closing under a written
durable power of attorney. It is advisable that an attorney set up the necessary documents to close in
this manner.
Alan Pransky
Law Office of Alan J. Pransky
20 Eastbrook Road
Re: seller present at closing
This reply may be to late for you; unfortunately, I just received your post today. It is not possible for me to give you specific advice upon which you should rely without knowing more of the details of your situation; however, speaking generally.
There is no Massachusetts law requiring a seller of real estate to be present at the closing. I have represented many such sellers and employ a couple of different strategies. The keys are (1) did you sign anything requiring you to be present (when representing a buyer, I insert such language into the Purchase and Sale Agreement) and (2) what will the buyer's mortgage lender require?
A power-of-attorney is also one of my approaches. I recommend that it be prepared by a Mass. real estate lawyer.
If you would like to discuss your case further, please do not hesitate to call.
Murray Davis
telephone (781) 593-7379
fax (781) 593-7348
Murray Davis
Law Office of Murray I. Davis
P.O. Box 604
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