Essential Documents for a Commercial Real Estate Transaction in Massachusetts

May 16, 2025

Understanding the Key Documents in a Massachusetts Commercial Real Estate Deal

Purchasing or selling commercial real estate in Massachusetts involves complex legal and financial considerations. Whether you're a buyer, seller, or investor, knowing which documents are required can help you prepare and protect your interests. At The Law Office of Kempton P. Giggey, we guide clients across Massachusetts through every stage of the commercial property transaction process with confidence and clarity.

1. Letter of Intent (LOI)

Before formal contracts are signed, parties typically begin with a Letter of Intent. This outlines the major deal terms such as price, contingencies, closing date, and due diligence period. While usually non-binding, an LOI helps ensure both parties are aligned before investing time and money into formal agreements.

2. Purchase and Sale Agreement (P&S Agreement)

This is the central contract that outlines the legal rights and responsibilities of both buyer and seller. It includes terms such as:

Purchase price
Property description
Inspection periods
Closing conditions
Title review
Remedies for breach

Legal review is essential to ensure this document reflects your interests and Massachusetts real estate laws.

3. Title Commitment and Title Insurance

A title commitment is a document issued by a title company showing the current ownership, legal description, and any liens or encumbrances on the property. Title insurance is then issued to protect the buyer (and lender) from undiscovered defects in the title.

4. Deed

At closing, the deed officially transfers ownership of the property. In Massachusetts, commercial properties are often conveyed using a quitclaim or warranty deed. The deed must be properly executed and recorded with the Registry of Deeds.

5. Zoning Compliance Documentation

Zoning certificates, use permits, or confirmation letters are critical to ensure that the intended use of the property is allowed under local zoning laws. Without this, you may face costly restrictions or delays.

6. Environmental Reports

Depending on the property’s history or location, Phase I or Phase II Environmental Site Assessments (ESAs) may be required. These reports help identify any contamination issues that could impact the property’s value or usability.

7. Survey and Site Plans

Updated surveys ensure the boundaries and structures on the land match legal records. In some cases, detailed site plans are also required, especially for development or renovation projects.

8. Loan Documents (If Financing)

If the transaction involves financing, additional documents will be required by the lender, including:

Promissory note
Mortgage or deed of trust
Personal guarantees (if applicable)
Loan agreements

9. Closing Statement (HUD or ALTA Statement)

This itemized statement shows the financial details of the transaction—purchase price, prorations, taxes, legal fees, loan charges, and other costs.

Legal Guidance Is Key

Commercial real estate transactions are high-stakes deals that require careful documentation and thorough legal oversight. At The Law Office of Kempton P. Giggey, we work closely with our Massachusetts clients to review and prepare every required document, identify legal risks, and ensure a smooth transaction from start to finish.

< Older Post

A man and a woman are shaking hands while sitting at a table with a laptop.

How to Prevent Probate in Massachusetts

April 15, 2025

Learn how to avoid probate in Massachusetts through living trusts, joint ownership, and beneficiary designations. The Law Office of Kempton P. Giggey can help you protect your assets and ensure a smooth transfer to your loved ones.

Why Legal Representation Matters: Defending Against Theft Charges in Massachusetts

March 14, 2025

When facing theft charges in Massachusetts, the stakes are high. A conviction can lead to serious consequences, including jail time, hefty fines, and a permanent criminal record. Understanding the importance of legal representation when defending yourself against such charges is crucial. The right attorney can make all the difference in your case. Understanding Theft Charges in Massachusetts In Massachusetts, theft covers many offenses, from shoplifting to grand larceny. These charges vary depending on the value of the stolen property and other factors. Whether you are accused of petty theft or a more serious offense, it is essential to understand the specific charges you are facing to form an effective defense. The Role of a Criminal Defense Attorney A criminal defense attorney plays a critical role in protecting your rights throughout the legal process. They will review the details of your case, investigate the evidence, and identify any weaknesses in the prosecution's argument. Legal representation ensures that you are treated fairly and helps to prevent mistakes that could hurt your case. Challenging Evidence and Building a Defense A skilled attorney will thoroughly examine the evidence against you, looking for any inconsistencies, illegal searches, or mishandling of evidence. They can also gather evidence in your favor, such as alibis or witnesses, to challenge the prosecution's claims. The goal is to provide a strong defense that casts doubt on the charges brought against you. The Impact of Legal Representation on Sentencing If convicted, your attorney will work to minimize the penalties you face. In some cases, a lawyer may be able to negotiate a plea deal or work out an arrangement that leads to a reduced sentence. Legal representation is crucial in ensuring you are not subjected to harsh penalties without a fair opportunity for a lesser sentence. Defending against theft charges in Massachusetts can be overwhelming, but having the right legal representation significantly improves your chances of a favorable outcome. A dedicated attorney will protect your rights, challenge the prosecution's case, and work toward the best possible result for you. If you are facing theft charges, do not hesitate to seek professional legal help to ensure that your case is handled properly.

Massachusetts Dog Bite Laws: Protecting Your Rights After an Attack

February 14, 2025

If you've been bitten by a dog in Massachusetts, you may be entitled to compensation for your injuries. Dog bite laws in the state are designed to protect victims, ensuring they have legal recourse for medical bills, pain, and suffering. Understanding your rights and the laws that govern dog bites can help you take the necessary steps to seek justice after an attack. Strict Liability in Massachusetts Under Massachusetts law, dog owners are strictly liable for injuries caused by their pets. This means that if a dog bites you, the owner is responsible for any damages, regardless of whether the dog has previously shown aggressive behavior. Even if the dog has no history of biting or aggression, the owner can still be held accountable for your injuries. Exceptions to Strict Liability While strict liability covers most cases, there are some exceptions. The owner may not be held liable if the victim trespassed on private property or provoked the dog. Additionally, Massachusetts law protects law enforcement officers and certain working animals. It is important to understand these exceptions to ensure your case is handled appropriately. Seeking Compensation After a Dog Bite If you’ve been bitten by a dog, you may be entitled to compensation for medical expenses, lost wages, pain, and suffering. Documenting your injuries, seeking medical attention immediately, and reporting the bite to local authorities is important. In some cases, homeowners’ insurance policies may cover the costs associated with dog bites. Consulting a legal professional can help you determine your options for pursuing compensation. Dog bites can result in serious physical and emotional consequences, and Massachusetts law is designed to hold dog owners accountable for their pets’ actions. If you’ve been injured in an attack, understanding the legal framework can help protect your rights and ensure you receive fair compensation. The Law Office of Kempton P. Giggey is here to help guide you through the process and ensure that you are treated with the care and respect you deserve.

5 Common Spousal Support Myths Debunked in Massachusetts

January 10, 2025

Determining spousal support often brings confusion, particularly because many misconceptions still persist. The laws and guidelines in Massachusetts aim to create fair arrangements for both parties. Below, we uncover five common myths and clarify what influences spousal support decisions. Myth #1: Spousal Support Always Lasts a Lifetime Many believe that once spousal support is ordered, it never ends. In reality, the duration varies based on factors like the length of the marriage and the circumstances of both parties. If financial situations change, awards may be temporary, long-term, or modified later. Myth #2: Only Wives Receive Spousal Support While traditional stereotypes suggest that only one gender benefits, Massachusetts law is gender-neutral. Either spouse may request support, and the court focuses on income disparity, needs, and the ability to pay, rather than gender. Myth #3: Fault in the Divorce Automatically Determines Support Some assume that wrongdoing such as infidelity will guarantee or prevent spousal support. Although misconduct might be considered, Massachusetts courts primarily base decisions on financial factors, future earning potential, and the standard of living during the marriage. Myth #4: All Spousal Support Cases Go to Court There is a common belief that support issues must be resolved through litigation. In fact, many spouses reach agreements through negotiation or mediation, sparing both time and money. Courts only step in when an agreement cannot be reached. Myth #5: Spousal Support Cannot Be Modified Contrary to popular belief, spousal support orders are not always set in stone. If significant changes occur—such as job loss, disability, or a substantial increase in one party’s income—support arrangements can be reviewed and adjusted accordingly. Understanding the realities of spousal support can help reduce stress and uncertainty. Still, facing these issues without proper legal support may lead to confusion and setbacks. A skilled Massachusetts attorney can provide personalized advice, uphold your rights, and work toward an arrangement that respects your financial interests and long-term goals. At The Law Office of Kempton P. Giggey in Tyngsborough, reliable guidance is available to help you move forward with greater confidence.