Need to sell your house in Massachusetts? Things will move along much more swiftly and smoothly if you are prepared from the start by organizing all of your documents.
There is ALWAYS a stack of documents you must have ready when you sell your property. That is a given during legal transactions and it’s no different when you’re selling your house in Massachusetts. Take a look below for a good starting point on paperwork you’ll want to be familiar with. You’ll be expected to have the following 6 documents in hand, which are ordinarily required in the home selling process before you put your property on the market.
For a legally binding contract and the ability to settle any disputes after closing, be sure your sale contract is signed by both you (as the seller) and your buyer. Details on this Purchase and Sale Agreement for your Massachusetts house need to include, the closing date, the sale price and the date new buyers will take occupancy. Additionally, this will usually have any conditions for termination of the contract as well as property inspection dates and buyer financing contingencies. Out of state buyers necessitate your being aware that a uniform Commercial Code governs commercial transactions that cross state lines.
Disclose! Disclose! Disclose!
A property disclosure form will normally be used to detail any known defects or malfunctions on the home. Failure to disclose items you know of can lead to legal entanglements and expenses when selling your house in Massachusetts. So it is wise to make sure you make any disclosures up front – this eliminates the possibilities of problems down the road.
The deed to your property designates the legal ownership and must be presented to the buyer for careful review. If your buyer is financing the purchase of the property through a bank, the bank will ask for you to pay for insurance that states you are legally the owner of the property and have all rights to sell it. The deed for your house in Massachusetts must be transferred at the sale to the name of the new owner.
Timing doesn’t always work out and you’ll want to have n place document should detail responsibilities for any rent, utilities or additional costs or repairs, as insurance policies usually do not cover this period. Should you need to stay in the house after the closing date you will need a post-occupancy agreement. Conversely, should the buyer need to be in place prior to the completion of the sale of your house in Lowell, this will require a pre-occupancy agreement.
Third-Party Financing Clause
When you need to sell, you could consider getting a mortgage on your house as another source of financing for your buyer in Massachusetts. Should you do so, your third party financing clause or financing addendum should be attached. In the event your buyer’s traditional mortgage application for the remainder of the financing is denied, you’re protected.
The promissory note, obtained from the buyer, is a contract written to clearly outline the rights and duties of the parties, which must be signed and dated. For buyers who are purchasing through non-conventional means this is extremely important, as it enables using the seller as the financer, with the property itself acting as the security for the loan. This document should outline the amount of money to be paid, the date to be paid, or detailing the installments to be paid to the holder or payee.
HUD Laws now require very specific details of the transaction to be outlined in a closing or settlement statement. At least one day prior to the closing, the buyer has the right to review this statement, in order that consumers are aware of just what they’re being charged in fees at the closing and in financing interest for the term of the loan. Strict adherence to these laws will help you to avoid legal nightmares in the future. Be prepared at the closing, should the solicitor request you to show your proof of identity. The documents should be examined carefully before being provided to the buyer. The broker should verify the information and offer any input should they find errors or information lacking in the documents.
Ready to close on the deal? If not feel free to reach out to us and we can answer the questions you have. Gather the 6 documents you need when selling your house in Massachusetts and give Summit Buys Houses a call at (978) 254-3800 or send us a message at any time!