A buyer can engage the services of a real estate agent to purchase property and the real estate agent is then the agent for the buyer who becomes the agent’s client. This means that the real estate agent represents the buyer. The agent owes the buyer undivided loyalty, reasonable care, disclosure, obedience to lawful instruction, confidentiality and accountability, provided, however, that the agent must disclose known material defects in the real estate. The agent must put the buyer’s interests first and negotiate for the best price and terms for their client, the buyer. (The buyer may also authorize sub-agents to represent him/her in purchasing property, however, the buyer should be aware that wrongful action by the real estate agent or sub-agents may subject the buyer to legal liability for those wrongful actions).

All listing packages we offer come with a MLS listing period duration of twelve (12) months, which means your property will be active on the MLS for 12 months following your signing of the Massachusetts Mandatory Licensee Consumer Relationship Disclosure and Listing Advertisement Agreement. You’re welcome to utilize a Temporarily Withdrawn status during your listing period, cancel at anytime should you choose, and, if after 12 months your property has not sold, it will be your choice whether you allow your listing to expire or renew for an additional listing period for a fee (we do not automatically renew listings).

While it’s certainly possible for you to sell your property without hiring a real estate attorney, we strongly suggest that you, as a FSBO, hire a real estate attorney. The Offer to Purchase and Purchase & Sale Agreement are legally binding contracts which outline the rights and responsibilities of both the buyer and seller. These documents should be reviewed, and in the case of the Purchase & Sale Agreement, prepared by a licensed attorney. Moreover, in Massachusetts it is the obligation of the seller, or their representative, to prepare the first draft of the Purchase & Sale Agreement. FSBOs are advised to retain a licensed real estate attorney for the preparation of all legal documents and to serve as escrow agent.  Lastly, the buyer and/or the buyer’s creditor (i.e. lender) will most certainly be represented by counsel. The peace of mind that a licensed real estate attorney provides throughout the FSBO selling process will far outweigh the cost. So should you hire a real estate attorney? Yes, limit your liability and exposure and hire a real estate attorney.