Fall River Real Estate Lawyer

Real Estate Lawyer Fall River, MA

If you are buying, selling, or refinancing property in Massachusetts, an attorney must be involved in the closing. This isn’t optional as it is a legal requirement. The Supreme Judicial Court affirmed this in a 2011 decision, holding that the closing of real estate transactions requires not just an attorney’s presence but their substantive participation in reviewing the title, preparing documents, and overseeing the transfer of funds.

At Flavio DaCosta Law, our Fall River, MA real estate lawyer handles residential and commercial title examinations and closings throughout Bristol County and southeastern Massachusetts. Whether you are purchasing your first home, selling a property you’ve owned for decades, or refinancing an existing mortgage, we make sure the legal side of the transaction is handled properly from start to finish.

Why Choose Flavio DaCosta Law for Real Estate in Fall River, MA?

Attorneys Dedicated to Real Estate Transactions

Flavio DaCosta oversees the firm’s real estate practice and provides representation in title examinations and closings alongside Derek. While immigration law is the core of Flavio’s work, he brings the same careful judgment to real estate matters, and his licensure in both Massachusetts and Rhode Island allows the firm to handle transactions across both states.

Derek Ethier is an associate attorney at the firm whose practice focuses primarily on real estate law. He represents clients in residential and commercial title examinations and closings, and he plays a hands-on role in guiding transactions from the signed purchase and sale agreement all the way through the recording of the deed at the Registry. Derek is licensed in Rhode Island and originally from Pawtucket, and he has strong ties to the communities on both sides of the Massachusetts-Rhode Island border.

What Derek does goes well beyond showing up on closing day. He digs into the title history to identify defects that could cause problems such as unreleased mortgages from 30 years ago, estates that were never probated, and deeds with descriptions that don’t match the current survey. These are the kinds of issues that can stall a transaction at the worst possible moment if nobody catches them early.

What Our Clients Say

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“Super professional, organized, and smart. Helped me get my case settled in 4 months. It was expected to be a multi-year venture. Price was better than the competition by a mile too.” — John Andrade

Read more reviews on our Google Business Profile.

Types of Real Estate Cases We Handle in Fall River

We represent buyers, sellers, and lenders in a variety of real estate transactions. Each type involves different documents and different legal considerations.

• Closings. We serve as closing attorney for home purchases involving searching the title, reviewing the purchase and sale agreement, resolving any issues that come up, preparing documents, and conducting the closing. After the transaction, we record the deed at the Registry of Deeds and confirm that everything is properly filed.
• Commercial closings. Commercial transactions are more complex. They may involve lease assignments, environmental due diligence, zoning questions, and negotiations among multiple parties. We handle these deals with the level of detail they require.
• Title examinations. Before any property changes hands, someone needs to verify that the seller actually has clear title. We search the recorded land records at the Bristol County Registry of Deeds to identify liens, encumbrances, easements, and anything else that could affect ownership.
• Refinance closings. Massachusetts law requires an attorney for refinance transactions as well. We prepare the new mortgage documents, make sure the old mortgage gets properly discharged, and record the new instruments.
• Purchase and sale review. The purchase and sale agreement is the contract that binds the deal. We review it on behalf of our clients, flag terms that could be problematic, and negotiate changes where needed.
• Title insurance. We work with title insurance companies to issue both lender’s and owner’s policies. Title insurance protects against defects that may not surface during the examination like forged deeds, unknown heirs, or recording errors in the chain of title.

Massachusetts Legal Requirements for Real Estate Transactions

Massachusetts is one of a handful of states where an attorney must be involved in every real estate closing. The Supreme Judicial Court established this in Real Estate Bar Association v. National Real Estate Information Services, 459 Mass. 512 (2011), finding that key parts of the closing process such as the title review, document preparation, and fund distribution constitute the practice of law.

Under M.G.L. c. 183, conveyances of real property must be made by deed, and mortgages must be recorded at the Registry of Deeds. The closing attorney is responsible for making sure these instruments are prepared correctly and recorded promptly.

Massachusetts has two systems for recording property interests: recorded land and registered land. About 80 to 90 percent of properties in the state use the recorded land system, where documents are filed by book and page number. Registered land is different because it operates under M.G.L. c. 185 and is tracked through Certificates of Title issued by the Land Court. The type of system determines how the title search is conducted and what documents are needed at closing. We identify which system applies to each property at the start of the transaction.

There is also the homestead exemption. Under M.G.L. c. 188, filing a Declaration of Homestead protects up to $500,000 in equity from unsecured creditor claims. We advise buyers on whether to file and prepare the paperwork as part of the closing when they want to proceed.

For properties with private septic systems, Massachusetts Title 5 regulations require an inspection before sale, with limited exceptions. The buyer’s attorney needs to confirm compliance before the closing happens.

Important Aspects of a Fall River Real Estate Case

The Title Search

This is where problems often occur. An outstanding mortgage from the 1990s that was never discharged, a tax lien, a mechanic’s lien from a contractor who was never paid, or a boundary dispute that nobody mentioned; any of these can delay a closing or, worse, create ownership problems after the sale. We identify issues early and resolve them before they reach the closing table.

The Purchase and Sale Agreement

This document sets the purchase price, the closing date, mortgage contingency terms, inspection deadlines, and what happens if the deal falls apart. It is the most important contract in the transaction. We review every provision with our clients so they know exactly what they are agreeing to, and we negotiate changes where the terms are unfavorable or unclear.

Coordinating the Moving Parts

A real estate closing involves the buyer, the seller, their agents, the lender, and sometimes a title insurance company and a condominium association. The closing attorney coordinates all of them. We make sure loan documents are ready, payoff figures are confirmed, municipal readings are obtained, and everyone is prepared for the closing date. When one piece falls out of place, the whole timeline can shift, and part of our job is preventing that.

What Happens at the Closing

We walk clients through every document at the table such as the deed, the mortgage, the promissory note, the Closing Disclosure, and any riders. We explain what each one means and what obligations it creates. This is a major financial commitment, and nobody should sign something they don’t understand. After the closing, we record the deed and mortgage at the Registry of Deeds and handle the distribution of funds.

After the Closing

Our work continues after everyone leaves the table. We confirm that the deed and mortgage are properly recorded, that the seller’s prior mortgage is discharged, and that title insurance policies are issued. We file the Declaration of Homestead if the buyer has requested it and send clients a final package with copies of all recorded documents. These follow-up steps matter because a deed that isn’t recorded properly, or a mortgage that isn’t discharged, can create problems years down the road.

Title Issues Specific to Fall River

Bristol County properties, especially older ones, carry title issues that are specific to this region. We see deeds with outdated legal descriptions, estates where the owner died decades ago and probate was never opened, and mortgage discharges that were signed but never recorded. These problems are fixable, but they take time and the right approach. In some cases, resolving a defect means tracking down a prior owner’s heirs or filing a petition with the Land Court. We handle these situations regularly and know what it takes to clear title.

Contact Flavio DaCosta Law

If you are buying, selling, or refinancing property in Fall River or anywhere in Bristol County, we can serve as your real estate attorney. Massachusetts law requires attorney involvement at closing, and we make sure the process is handled correctly.

Contact us to schedule your consultation. We handle residential and commercial real estate transactions in Fall River, MA, throughout southeastern Massachusetts, and in Rhode Island.