Selling your home in Massachusetts can feel like navigating an obstacle course. There are legal requirements, financial considerations, and practical preparations that can quickly overwhelm even the most seasoned seller. That’s why having a well-organized checklist can be a game-changer—one that helps you sidestep last-minute surprises and focus on securing the best possible deal.
Here at Cote Law Group, we help homeowners and real estate professionals streamline the selling process. In this blog post, we’ll walk you through each step of what we call “The Ultimate Pre-Listing Checklist.” You can download a copy of this checklist at the end of the article. If you’re a real estate agent interested in sharing this resource with your clients, we’d be happy to personalize it with your branding as well.
- Confirm All Permits and Conservation Requirements
One of the most common—and frustrating—surprises that can pop up during a home sale is discovering open or unresolved building permits. Homeowners may have completed renovations or additions in the past without obtaining the final signoff from the local building department. Buyers (and their attorneys) often discover these issues during the title search or inspection period. This can lead to either a delayed closing or a renegotiation of the sale price to account for potential fines or correction costs.
It’s also vital to ensure you have no outstanding Orders of Conditions with the local Conservation Commission. In Massachusetts, properties near wetlands or other protected areas are subject to strict oversight. If you’ve made changes that could impact these areas, your property might have conditions that remain open. Always check the relevant documentation with the Town or City Clerk’s office to confirm everything is in good standing. Being proactive about this can save you from unwelcome delays and costs at the closing table.
- Plan for Closing Costs and Discuss Capital Gains
Moving on to the financial side, sellers often underestimate the total expenses associated with transferring property ownership. Typical closing costs in Massachusetts may include an attorney fee for drafting or reviewing closing documents, costs for a title search, and the state’s deed excise tax (commonly called “transfer stamps”), which is usually calculated per thousand dollars of the sale price. These expenses can add up fast and should be factored into your net proceeds so you’re not caught off guard.
Another aspect to consider is capital gains. If your home has significantly appreciated in value, you may be subject to capital gains taxes, which can vary depending on whether you lived in the home as your primary residence and for how long. The IRS generally allows an exclusion up to $250,000 for single homeowners and $500,000 for married couples filing jointly, provided you meet certain ownership and occupancy requirements. However, Massachusetts also has its own tax rules, so it’s best to consult a tax professional to clarify your obligations and strategize how to minimize your tax liability.
- Schedule a Pre-Listing Inspection
A pre-listing inspection is one of the most underutilized yet effective tools in a seller’s arsenal. The idea is to get ahead of any issues that a buyer’s inspector would otherwise discover. By hiring a home inspector at the outset, you gain a clear picture of the property’s condition, from roof integrity and foundation stability to electrical and plumbing systems.
Armed with this knowledge, you have two choices: fix major problems before listing or simply disclose them to prospective buyers. Either way, you’re preventing those dreaded last-minute renegotiations that could knock thousands off your sales price. Plus, taking the initiative to order a pre-listing inspection signals to buyers that you have nothing to hide. That extra layer of trust can help your home stand out in a crowded market.
- Map Out Your Budget
Budgeting isn’t just about anticipating closing costs. It also means factoring in costs for staging, minor repairs, landscaping, and moving. Even professional photography and small cosmetic updates—like fresh paint or updated fixtures—can be considered short-term investments that help you attract more competitive offers. Overlooking these expenses can lead to stress down the road, especially if you’re trying to juggle a new home purchase at the same time.
When you have a clear financial roadmap, you can price your home more accurately. You’ll also feel more confident negotiating with buyers, knowing exactly how much leeway you have for concessions or price adjustments. At Cote Law Group, we encourage sellers to sit down with a qualified financial advisor—or at least take a thorough look at their finances—before the property even hits the market. It’s one of the best ways to avoid surprises and keep the process running smoothly.
- Consider a Use and Occupancy Agreement
Real estate transactions often involve delicate timing, especially if you’re selling one property and buying another. A use and occupancy agreement can be a lifesaver if your new home isn’t quite ready, or if you need extra time to coordinate your move. This arrangement lets you stay in the property temporarily even after the closing date, usually for a daily or monthly fee.
Keep in mind that once the deed is transferred, the buyer technically owns the property. This means you’ll have to carefully outline who’s responsible for utilities, maintenance, and insurance coverage during the occupancy period. Without a clear agreement in place, both parties could face unnecessary risks or misunderstandings. If you think you might need this kind of arrangement, discuss it with your attorney early in the process so you can negotiate the terms alongside the Purchase and Sale Agreement.
- Initiate Solar Panel Lease Transfers Early
Solar power is increasingly popular in Massachusetts, thanks to state incentives and the push for cleaner energy. However, many homeowners don’t realize how a solar panel lease can complicate a sale. If your panels are leased, the buyer may have to qualify—financially or otherwise—to assume the lease. Credit checks, paperwork, and coordination with the solar provider can drag on for weeks or even months.
Starting this process early will help you avoid last-minute chaos. Some homeowners also explore a buyout option, which can sometimes make the property more appealing to buyers who want fully-owned solar panels. Either way, get all relevant documents from your solar provider right away and be transparent with prospective buyers about the terms and obligations.
Why a Checklist Matters
Selling a home is a multifaceted endeavor that involves legal, financial, and logistical components. Missing even one key detail could cost you time, money, or both. That’s why we’ve compiled all these steps into a single, downloadable checklist. Having everything in one place means you’ll be less likely to overlook crucial tasks and more likely to nail your listing from the get-go.
Real estate agents also find it helpful to provide a comprehensive checklist for their clients. It sets realistic expectations, ensures a more orderly transaction, and reflects positively on the agent’s professionalism. If you’re a real estate agent interested in adding your photo or branding to our checklist, we’re more than happy to help. Simply reach out, and we’ll customize a version for you.
Download the Checklist and Contact Us
To make this as easy as possible, we’re offering a free download of “The Ultimate Pre-Listing Checklist That Could Save You Thousands.” You’ll find it linked right below this post. Feel free to keep a copy for yourself, share it with friends, or hand it out to clients. It’s an excellent resource to keep everyone on track and informed throughout the selling process.
If you have specific questions about permits, tax implications, or legal procedures in Massachusetts, we invite you to reach out to Cote Law Group. Our team is dedicated to guiding homeowners and agents through complex real estate transactions, estate planning, and more. Whether you’re seeking to finalize an offer, manage title issues, or resolve an unexpected snag, we’re here to provide straightforward, practical solutions.
Selling your home should be an exciting transition to the next chapter of your life. By following these six steps and consulting professionals along the way, you’ll set the stage for a more predictable, streamlined experience. Download the checklist today, and let us know if we can answer any questions or help you tailor it to your unique situation.
Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice. For specific guidance on your personal circumstances, please consult with a qualified attorney.
