Do I have to attend the closing for the sale of my home in Massachusetts?
With proper planning and good advice, probably not. In fact, for a variety of reasons, you may prefer not to be there — particularly if there is tension between you and the buyers or you have another transaction on the same day, making scheduling difficult.
Most attorneys will require your original personal signatures on the deed to the new buyer, which is also my practice. However, you can give a valid power of attorney to someone you trust, making them your attorney-in-fact for the transaction. Your attorney-in-fact can legally attend the closing and sign all documents for you.
Because your attorney-in-fact will have the power to legally bind you, it’s crucial (a) that you trust them; and (b) that they know what they’re signing. For this reason, most sellers choose a spouse or their real estate attorney. It is also possible for both selling spouses to use their real estate attorney as their attorney-in-fact so that neither of them has to go to the closing.
A real estate attorney is usually the best choice to act as your attorney-in-fact for your closing because they will know what all of the closing documents mean, whether the documents are accurate, and whether to sign them — or not. If you have not used an attorney earlier in the process, most will prepare a power of attorney for you for a nominal fee.
Selling your home in Massachusetts? Get the legal help you need. For more information, contact J.Blumen & Associates 781-784-2500.