Massachusetts is an attorney state — no realtor required, but an attorney is. Here's the complete FSBO checklist and what makes cash buyers the faster path.
No realtor needed. But Massachusetts is an attorney state — a licensed MA real estate attorney must handle the closing. Budget $800–$1,500.
MA is an attorney state. An attorney reviews title, prepares the deed, conducts the closing, and handles escrow. Attorney fee is typically $800–$1,500. Not optional — required by lenders and title companies regardless of whether you have an agent.
Price using Zillow and comparable sales, pay for a flat-fee MLS listing ($200–$500), post on Craigslist and Facebook Marketplace. FSBO pricing typically runs 10–15% below agent-listed prices due to limited exposure — factor this in.
Complete the Massachusetts Seller's Statement of Property Condition. Disclose all known material defects. Concealing known defects risks double or treble damages plus attorney fees under Chapter 93A.
FSBO sellers negotiate directly. Accept an offer in writing, then sign a Purchase and Sale Agreement (P&S) prepared by your attorney. Typical MA deposit: 5–10% of purchase price held in escrow.
Required for all Massachusetts sales regardless of buyer type. Seller's obligation. Schedule a fire department inspection ($50–$150). Inspector checks smoke and CO detectors on every level and outside all sleeping areas. Certificate is valid for 60 days.
If your property is on private septic, a Title 5 inspection is required before a financed buyer can close — unless the buyer waives it. Title 5 costs $400–$1,200 and must be completed within 2 years of sale. Cash buyers can waive the requirement at their discretion.
Massachusetts charges $4.56 per $1,000 of sale price in transfer tax (stamps), paid by the seller at closing. On a $350,000 sale: $1,596. Your attorney handles the stamps purchase and recording.
| Item | FSBO | Cash Buyer |
|---|---|---|
| Agent commission | $0 (save 5–6%) | $0 |
| Attorney required | Yes — $800–$1,500 | Yes — but we coordinate |
| Smoke/CO cert | Yes — seller coordinates | Yes — we coordinate |
| Title 5 (private septic) | Required for financed buyers | Waived for cash sale |
| Time to close | 45–90 days (financing contingency) | 7 days |
| Repair requests | Common from inspections | None — as-is |
| MGL Ch. 93A disclosure | Required — seller handles | Required — we guide you |
No agent. No showings. No repair negotiations. Cash offer in 24 hours, close in 7 days.
Call (401) 396-7427Get Cash Offer →No — no state law requires a licensed agent. However, Massachusetts is an attorney state: a licensed MA real estate attorney must conduct the closing, prepare the deed, and handle title clearance. You need an attorney, not an agent.
Smoke/CO certificate (fire department inspection, seller's obligation), MGL Ch. 93A disclosure, a licensed MA real estate attorney, Title 5 septic inspection if private septic is present (waived for cash buyers), and Massachusetts transfer stamps at closing ($4.56/$1,000 of price, seller pays).