What a Closing Attorney Actually Does for Greater Boston Sellers

In Massachusetts, a seller's attorney typically reviews the purchase contract, works on clearing title, prepares the deed, accounts for the deed excise, and walks you through the settlement statement. Massachusetts requires an attorney to play a meaningful role in a closing, but that attorney usually represents the buyer's lender, not you. Sellers aren't required to hire their own attorney; many do, and engaging one before the Purchase and Sale Agreement is signed gives you counsel on the contract that shapes the rest of the sale.

What does a closing attorney do for a seller in Massachusetts?

A seller's attorney in Greater Boston does more than show up on closing day. The attorney reviews the purchase contract, addresses title issues, prepares the deed, accounts for the deed excise, and explains the settlement statement before you sign. Separately, the Supreme Judicial Court has held that a lawyer for the mortgage lender must be present and substantively participate in a closing. Because that lawyer represents the lender, many sellers hire their own, and that work starts well before the closing date.

Key Takeaways

• Massachusetts requires a lawyer for the mortgage lender to be present and substantively participate in a financed closing. Sellers are not legally required to hire their own attorney, though many do.
• The deed excise everywhere in Massachusetts except Barnstable County is $4.56 per $1,000 of sale consideration. The statute doesn't say who pays; customarily the seller does.
• If you hire your own attorney, engage them before the Purchase and Sale Agreement is signed, because contract language affects title, payoff, and net-proceeds terms.
• At the Boston median sale price of $840,000 (June to August 2026), the deed excise is about $3,830.
• The settlement statement itemizes the sale price, mortgage payoff, deed excise, prorated taxes, recording charges, attorney fees, and net proceeds. Ask for it in advance and go through every line.

When should a seller hire a closing attorney in Massachusetts?

Before you sign the Purchase and Sale Agreement, if you are hiring one. A lot of sellers assume the attorney enters the picture at the end. In Juan Murray's experience working with sellers across Roxbury, Dorchester, Hyde Park, and the rest of Greater Boston, waiting that long can cost time and money.

The key case is the Supreme Judicial Court's 2011 decision in Real Estate Bar Association v. National Real Estate Information Services, which held that a lawyer for the mortgage lender must be present and substantively participate in a closing, not just attend. The ruling does not require you, the seller, to hire separate counsel. Many Greater Boston sellers do anyway, because the lender's attorney represents the lender, not you.

So when should you hire yours? Before you sign the Purchase and Sale Agreement. The Purchase and Sale Agreement is a binding contract that sets your closing date, your payoff obligations, your title-clearance responsibilities, and the terms that govern what happens if something goes wrong. Having your attorney review it before you sign, not after, is how you avoid discovering a problem at the worst possible moment.

Juan walks every seller through this timeline. The Purchase and Sale Agreement is where the transaction is actually structured. The closing is where it executes. If you want to read more about what happens between those two moments, the post on what happens after you accept an offer in Massachusetts covers the full sequence from offer to closing.

What a seller's closing attorney actually does, step by step

Here's what a seller's attorney typically handles:

• Reviewing the Offer to Purchase and Purchase and Sale Agreement. The attorney reads the contract for title obligations, contingency language, closing-date commitments, and anything that could create a problem downstream.
• Addressing title issues. The buyer's side usually orders the title examination; the seller's attorney works to resolve what it turns up, such as unreleased mortgages, liens, probate or estate issues, recording discrepancies, or defects that could prevent you from conveying marketable title. Your attorney tells you which issues must be resolved before closing and which can be handled through closing documents or proceeds.
• Reviewing the municipal lien certificate. This shows whether municipal charges such as taxes, water, sewer, and betterments are paid.
• Coordinating mortgage payoffs and discharges. If you have an existing mortgage, the attorney obtains the payoff figure, coordinates with your lender, and makes sure the discharge is recorded properly after closing.
• Preparing the deed. The deed must reflect the correct legal names, marital or trustee capacity where applicable, the accurate property description, the consideration, and the required signatures. The attorney coordinates execution and delivery for recording. This is not a form you sign without review.
• Accounting for the deed excise. More on this below. The excise is paid when the deed is recorded and shows on the settlement statement.
• Explaining the settlement statement. Your attorney walks you through every line: sale price, deposits, payoff, excise, prorated taxes, recording charges, attorney fees, and the net proceeds due to you.

What you bring to the attorney matters too. Plan to provide your existing deed, mortgage account information and lender contacts, trust or estate documents if applicable, condominium documents where relevant, and any identification or authority documents your attorney requests. Missing documents can delay a closing.

How does the Massachusetts deed excise tax work for sellers?

It is $4.56 per $1,000 of sale consideration everywhere except Barnstable County, and customarily the seller pays it. The deed excise is one of the line items sellers most often ask about.

Under M.G.L. c. 64D, § 1, the excise applies to deeds conveying Massachusetts real estate when the consideration exceeds $100, excluding the value of any lien or encumbrance remaining on the property. The statutory rate is $2 per $500 of consideration; with the 14% surtax, that comes to $4.56 per $1,000 everywhere except Barnstable County, which has a different rate.

The statute doesn't say who pays. Customarily in Massachusetts the seller does, but the Purchase and Sale Agreement can allocate it differently, so confirm it in the contract and on the settlement statement.

To put that in context: from June to August 2026, the median sale price was $840,000 in Boston and $795,911 across Greater Boston (Suffolk, Middlesex, and Norfolk counties). At those prices, the deed excise comes to about $3,830 and $3,629. The exact figure depends on your actual sale price.

Area	Median Sale Price (June to August 2026)	Deed Excise at Median
Boston	$840,000	$3,830
Greater Boston	$795,911	$3,629

Source: MLS Property Information Network (MLS PIN) via Repliers, June to August 2026. Deed excise calculated at $4.56 per $1,000. Area medians; individual home values vary.

What is on a seller's settlement statement?

It itemizes the sale price, deposits, payoff, deed excise, prorations, recording charges, attorney fees, and your net proceeds. The settlement statement is specific to your transaction, not a generic estimate. Ask to receive it in advance so you have time to ask questions instead of absorbing it at the table.

It typically shows:

• The agreed sale price
• The earnest money deposit already held
• Your existing mortgage payoff
• The deed excise tax
• Prorated real-estate taxes and any utility adjustments
• Condominium or municipal items, where applicable
• Recording charges
• Attorney fees
• Net proceeds due to you at closing

Some of those line items are set by law or by your lender. Others reflect terms negotiated in your Purchase and Sale Agreement. Your attorney should be able to explain each one, and if something looks off, that's the moment to flag it, not after you've signed.

Juan reviews this with sellers before the closing date. Your numbers depend on your sale price, payoff balance, closing date (which affects tax prorations), and contract terms. For an early estimate, try the net proceeds estimate.

If you want to understand how closing costs fit into the broader picture from a buyer's perspective as well, the post on closing costs for Boston buyers covers that side of the table.

How much does a seller's attorney in Greater Boston charge?

Seller-side attorney fees vary based on the complexity of the transaction, the attorney's experience, and whether title issues require additional work. A straightforward sale with clean title involves less work than one with an unreleased mortgage, an estate, or a condominium with missing documents.

Ask the attorney for a written fee estimate when you engage them.

Juan can share names of local real estate attorneys and explain what to ask when you compare options.

Curious what other sellers in Greater Boston have experienced working with Juan? Read the reviews on Google.

FAQ

Do I need my own attorney to sell a house in Massachusetts?

Not by law. Under the Supreme Judicial Court's 2011 decision in Real Estate Bar Association v. National Real Estate Information Services, a lawyer for the mortgage lender must be present and substantively participate in the closing. That lawyer represents the lender, not you. No rule requires a seller to hire separate counsel, but preparing the deed, resolving title problems, and reviewing the Purchase and Sale Agreement are legal work many sellers want handled by their own attorney.

Should I hire my attorney before signing the Purchase and Sale Agreement?

If you're hiring one, yes. The Purchase and Sale Agreement sets your closing date, payoff obligations, title-clearance responsibilities, and contingency terms. Having a closing attorney review it before you sign protects you from contract language that could create title, timeline, or proceeds problems later. Engaging an attorney only at closing means the legal groundwork has already been laid without your counsel's input.

Who prepares the deed when selling a home in Massachusetts?

Usually the seller's attorney prepares the deed. The deed must include the correct legal names, marital or trustee capacity where applicable, the accurate property description, the stated consideration, and the required signatures. The attorney also coordinates execution and delivers the signed deed for recording at closing.

How does the Massachusetts deed excise tax work, and who pays it?

The Massachusetts deed excise applies to deeds conveying real estate when the consideration exceeds $100. Everywhere in Massachusetts except Barnstable County, the rate including the surtax is $4.56 per $1,000 of sale consideration under M.G.L. c. 64D, § 1. The statute doesn't say who pays; customarily the seller pays it from closing proceeds, but the Purchase and Sale Agreement can allocate it differently. Confirm it in your contract and on your settlement statement.

How does a closing attorney clear title problems before closing?

The title examination identifies issues such as unreleased mortgages, liens, probate matters, recording discrepancies, or gaps in ownership history. Once identified, the seller's attorney determines which problems must be corrected before closing (such as obtaining a discharge for an old mortgage) and which can be resolved through closing documents or proceeds. The goal is to ensure you can convey marketable, insurable title to the buyer on the agreed date. Complex title issues can extend the timeline, which is one more reason to engage your attorney early.

Knowing what your attorney will need from you, and when, is part of what Juan covers in every seller consultation.

The bottom line: if you hire your own closing attorney, bring them in before you sign the Purchase and Sale Agreement, so the contract, title work, deed, and settlement statement are reviewed on your behalf.

Sources

• Massachusetts General Laws c. 64D, § 1 (deed excise): https://malegislature.gov/Laws/GeneralLaws/PartI/TitleIX/Chapter64D/Section1
• Joseph Singer, Harvard Law School, on REBA v. NREIS, 459 Mass. 512 (2011): https://faculty.law.harvard.edu/joseph-singer/2011/04/26/massachusetts-supreme-judicial-court-requires-lawyers-for-the-lender-to-be-present-and-active-at-real-estate-closings/
• MLS Property Information Network (MLS PIN) via Repliers, June to August 2026

Have questions? Let's connect.

About Juan Murray

Juan Murray is a Boston broker associate who has spent 30+ years helping buyers, sellers, and investors across Greater Boston, personally leading every transaction from the first conversation through closing as part of the Juan Real Estate Group.

RE/MAX Real Estate Center · (978) 581-0801

Equal Housing Opportunity. Juan Murray is a licensed real estate broker in Massachusetts (Juan Real Estate Group, RE/MAX Real Estate Center), regulated by the Massachusetts Board of Registration of Real Estate Brokers and Salespersons. This article is general information only and does not constitute legal, tax, or financial advice. Confirm your specific costs, tax obligations, and closing figures with your closing agent, tax advisor, or lender.