Massachusetts real estate: buy or sell with a local AXEN agent
Massachusetts runs a home sale in two stages. You sign an offer first, inspect, then sign a real Purchase and Sale agreement about two weeks later. A lawyer handles the closing, the seller pays the deed stamps, and the fire department has to sign off before anyone moves in. Here is what is the same everywhere in Massachusetts, and where to search homes.
Massachusetts: search homes by city
Tap a city to see the newest homes for sale there.
What every Massachusetts buyer and seller should know
A lawyer handles a financed closing
Massachusetts is an attorney-closing state. The Supreme Judicial Court held in REBA v. NREIS that a closing needs a lawyer's substantive participation for the mortgage lender, not just a witness. A cash deal has no such rule, but almost everyone still uses a lawyer. That lawyer works for the bank, so most buyers hire their own too.
The seller pays the deed stamps
The deed excise tax is owed by whoever signs the deed, which is the seller. In most of the state the rate collected is $4.56 per $1,000 of the price, or $2.28 per $500. It gets paid at the registry when the deed is recorded.
Cape Cod costs more to sell
Barnstable County adds a county share on top of the state share. The registry publishes $3.42 per $1,000 state plus $3.06 per $1,000 county, which is $6.48 per $1,000 in total. Budget for that on any Cape sale, because it is noticeably higher than the rest of Massachusetts.
There is no state seller disclosure form
Massachusetts does not make sellers fill out a condition form. That surprises people moving from almost anywhere else. The agent does have a duty: state regulation 254 CMR 3.00 puts an affirmative obligation on a broker or salesperson to disclose known material defects. So inspect carefully and ask direct questions.
Lead paint notice on anything built before 1978
For a home built before 1978, the seller and the agent have to hand you the state Property Transfer Lead Paint Notification packet before the Purchase and Sale is signed. You then get 10 days, or longer if both sides agree, to have a lead inspection done.
Septic gets inspected before it transfers
Under Title 5, a septic system has to be inspected at or within two years before the title transfers. That stretches to three years if there are annual pumping records. Some family transfers and some new systems are exempt. Custom is that the seller pays, but the contract decides.
The fire department has to sign off
Before the sale, the local fire department inspects the home for working smoke alarms and carbon monoxide alarms and issues a certificate. The seller books it. No certificate, no closing. Fees and wait times are set by each town, and closings get pushed when this is booked too late.
Homestead protection is $1,000,000 when you declare it
You get $125,000 automatically with no paperwork. File a written Declaration of Homestead at the registry and it goes to $1,000,000. The Affordable Homes Act raised it from $500,000 on August 6, 2024, so older advice you read online is wrong. Filings you already made still count.
Closing costs in Massachusetts: who pays what
Who pays what in Massachusetts. The deed stamps are set by law. The rest is custom and can be negotiated in the Purchase and Sale.
| Buyer pays | How it works |
|---|---|
| Closing attorney fee | A flat or hourly fee set by the lawyer. No state rate. |
| Title exam and rundown | Set by the attorney or title company. It covers the search back through the registry. |
| Lender's title insurance | A one-time premium based on the loan amount. Your lender requires it. |
| Owner's title insurance | Optional. A one-time premium based on the price. This one protects you, not the bank. |
| Recording the deed and mortgage | A flat fee per document, set by each Registry of Deeds. |
| Home inspection | Set by the inspector. Not required by law, but the one thing standing between you and a surprise. |
| Plot plan | Usually lender-ordered. Priced by the surveyor. |
| Municipal Lien Certificate | Ordered from the town tax collector. The fee is statutory and scales in some towns. |
| Property tax proration | Split at closing. The Massachusetts tax year runs July 1 to June 30. |
| Seller pays | How it works |
|---|---|
| Deed excise stamps | $4.56 per $1,000 of the price in most counties. Barnstable is $6.48 per $1,000. |
| Your own attorney | A flat fee. Drafts the deed and clears the title. |
| Smoke and carbon monoxide certificate | A fee set by your local fire department. |
| Title 5 septic inspection | Set by the licensed inspector. Custom, not law, that the seller pays. |
| Condo 6(d) certificate | A fee set by the association. It has to be issued within 10 days of a written request. |
| Recording the mortgage discharge | A flat fee per document at the registry. |
| Final water and sewer reading | The town reads the meter and the final bill is paid at closing. |
| Property tax proration | Your share of the July-to-June tax year through closing. |
Fire department fees and scheduling, Municipal Lien Certificate turnaround, conservation commission rules and local board of health septic rules all change from town to town, and many towns are stricter than the state. Ask your AXEN agent what your town requires before you sign.
How a Massachusetts home purchase runs
Massachusetts is a two-contract state and that trips up everybody moving here. The offer comes first and it is already binding. Here is the real order.
Get pre-approved →-
Offer to Purchase accepted. In Massachusetts this is usually a binding contract, not a formality. Get it reviewed before you sign it, not after.
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Deposit goes to escrow. A small deposit goes to the listing broker to hold.
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Inspections happen BEFORE the Purchase and Sale. Home inspection, pest, radon, and a lead inspection if the home predates 1978. This window is short, often 7 to 10 days.
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Sign the Purchase and Sale agreement. Usually about two weeks after the offer. A bigger deposit is paid. The P and S replaces the offer and sets every deadline from here on.
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Mortgage commitment date. You have to get a written loan commitment by the date in the P and S, or ask for an extension in writing. Miss it without one and your deposit can be at risk.
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Title exam and rundown. The lender's attorney searches the registry, then rechecks it right before closing. The Municipal Lien Certificate and, for a condo, the 6(d) certificate get ordered here.
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Seller clears the conditions. The smoke and carbon monoxide certificate from the fire department, and the Title 5 report if there is a septic system.
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Final walkthrough. Usually the morning of closing.
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Close and record. The closing attorney records the deed and mortgage at the Registry of Deeds. The sale is final when it is recorded, not when it is signed.
Massachusetts by region
Massachusetts changes character every 40 miles. Tap a city for homes for sale there.
Greater Boston core
The densest market in the state, and heavily condo. That means 6(d) certificates and association rules on most deals. Several of these cities offer a residential exemption to owner-occupants.
Merrimack Valley and MetroWest
Older mill and rail towns north and west of Boston. Lots of pre-1978 housing, so the lead paint notice is almost always in play.
Central Massachusetts
The second-largest city in the state and the hub for the whole middle of it. A mix of city lots and surrounding towns where septic systems are common.
Southeastern Massachusetts and Cape Cod
Coastal and near-coastal. Expect Title 5 septic inspections, wetlands and flood questions, and on the Cape a higher deed excise rate.
Western Massachusetts
The Pioneer Valley's largest city. Older housing stock and a wide mix of town rules on inspections and permits.
AXEN Realty in Massachusetts
Every AXEN agent in Massachusetts works under a licensed managing broker: Robin Delaney (AXEN Realty, LLC, firm license 9629702-RE-LC). See every state on the state brokers page.
Buying? Start with the home buying guide and get pre-approved.
Selling? Read the home selling guide and get your home value.
Moving here? Read buying in a new state.
Massachusetts real estate questions
Do I need a lawyer to buy a home in Massachusetts?
If you are getting a mortgage, yes in practice. The SJC ruled that a closing needs an attorney's substantive participation on the lender's side. That lawyer works for the bank, not for you, so most buyers hire their own as well.
Who pays the transfer tax?
The seller. It is called the deed excise stamp tax, and the person who signs the deed owes it. Most of the state pays $4.56 per $1,000 of the sale price, collected at the registry when the deed records.
Why is Cape Cod more expensive to sell?
Barnstable County adds its own county share on top of the state share. The registry lists $3.42 per $1,000 state plus $3.06 per $1,000 county, so $6.48 per $1,000 total. That is more than anywhere else in Massachusetts.
Does the seller fill out a disclosure form?
Massachusetts has no state seller disclosure form. That catches out most people moving here. But the real estate agent has a rule-based duty to tell you about known material defects, and you should inspect hard because nothing else is going to surface a problem.
What is the lead paint rule?
If the home was built before 1978, the seller and the agent have to give you the state lead notification packet before you sign the Purchase and Sale. You then get 10 days, or longer by agreement, to have a lead inspection done.
Do I need a septic inspection?
If the home has a septic system, yes. State rules require an inspection at or within two years before the title transfers, or three years if there are annual pumping records. Some family transfers are exempt. Who pays is custom, not law.
What is the smoke certificate?
Before the sale the local fire department inspects the home for working smoke and carbon monoxide alarms and issues a certificate. The seller arranges and pays for it. Book it early. This is one of the most common reasons a Massachusetts closing slips.
What is a homestead declaration?
It shields your home equity from most creditors. You get $125,000 automatically. File a declaration at the registry and it goes up to $1,000,000. The amount rose from $500,000 in August 2024, and filings you already made still count.