Law Office of David R. Baron

12/02/2025

Pleased to have been named a "Top Lawyer" in real estate by Boston Magazine (the Dec/Jan issue). This recognition is peer-nominated, so shout out to my peers!

Browse our exclusive directory of the 1,151 best attorneys in the region.

01/23/2025

Issues that come up in real estate transactions after the Offer to Purchase and before the Purchase and Sale Agreement are pretty much by definition issues flagged by lawyers, since lawyers often aren't brought in until after the OTP is signed. That's why the line of cases following McCarthy v. Tobin (1999) have in general been bad for Massachusetts consumers -- enforcing an OTP and characterizing the lawyer-negotiated P&S as merely a "polished memorandum of an already binding contract" is bad for both buyers and sellers, which is why MA courts have wisely (and very gradually) backed away from the McCarthy standard over the years. This week, in an entirely different "McCarthy" decision, McCarthy v. Young, the Appeals Court took another significant step toward recognizing that parties should *not* generally be compelled to buy or sell a house based on the one-page OTP term sheets they entered into before consulting a lawyer, particularly where substantive issues arise between the OTP and the P&S that result in one party not wanting to do the deal on the OTP's terms. Linking to the decision for those who want to read it for themselves.

10/30/2024

After about 15 years in beautiful Post Office Square, it is time for the Law Office of David R. Baron to find a new location -- our landlord (a flex space company) lost its lease, and we're going to have to make a move ASAP. We're a boutique real estate law practice, so we'll need to be in a nice building in Boston with access to a conference room for closings. It can be flex space if the use is well-established and not likely to change in a few years. If you know of anything we should take a look at, drop a line! Thanks very much!

09/30/2024

One of the quirky things about the last-minute/all-at-once way laws get passed in Massachusetts is that we don't always learn what got passed until weeks after the fact. In this case, as part of the Affordable Homes Act, the legislature raised the amount of asset protection afforded by a Declaration of Homestead from $500,000 to $1 million. The change is retroactive, so if you already have a Declaration of Homestead recorded at the Registry of Deeds, the equity in your home is automatically protected from lawsuits/creditors up to the new limit of $1 million. If you're not sure if you currently have a Homestead on record (if we handled your closing, you almost certainly do), please just call the office and we can check it for you in about thirty seconds.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to authorize forthwith the financing of the production and preservation of housing for low and moderate income citizens of the commonwealth and to make related changes in certain laws, therefore it is hereby decla...

10/12/2022

Proud to be one of the few small-firm and solo practitioners named to Massachusetts Super Lawyers this year, and one of only three specifically recognized as Super Lawyers in Real Estate. Getting myself a cape!

Press release - David R. Baron has again been named a Massachusetts Super Lawyer in Real Estate for 2022

05/12/2021

"People love Zillow," they said.

Visit David Baron's profile on Zillow to find ratings and reviews. Find great Boston, MA real estate professionals on Zillow like David Baron of Law Office of David R. Baron

09/28/2020

Someone in the mortgage discharge department at Cape Cod 5 decided this one was going to be different and fun. We appreciated it.

07/20/2020

Flood maps are political. No one wants their property to be in a flood zone for insurance purposes, and there are some dead-enders who deny the reality of climate change altogether, so we end up with FEMA maps that don't accurately reflect flood risk. This results in a lot of uninsured exposure for homeowners and mortgage lenders in MA. But it's possible to educate yourself about the risk and to increase your home's coverages even if no one compels you to. First Street Foundation just came out with a new tool to make it easy to get a more realistic sense of flood risk in your area. Globe story is below, the tool is at https://floodfactor.com/.

Nearly 200,000 properties in Massachusetts face a substantial risk, and 14.6 million nationwide.

04/15/2020

This is Week 5 since the Governor's Emergency Order. Home buyers and closing lawyers (among others) need the MA legislature to move quickly on this temporary measure, which by its terms will expire when the state of emergency is lifted. It's not perfect, but it is truly necessary.

A wide range of legal transactions, including the finalizing of estate planning documents, require that a notary public witness the document signing. Under Massachusetts law, those signings must ta…

03/30/2020

Here is the link to look up your mortgage to see if it is held by Fannie or Freddie. Even if you make payments to Chase, Wells Fargo, or another big bank, Fannie/Freddie may own your loan.

Let an expert from a HUD-approved housing counseling agency help you understand your options, prepare your application, and work with your mortgage company.

03/30/2020

The CARES Act was signed into law on Friday. It provides relief for homeowners and landlords whose mortgages are held by Fannie Mae or Freddie Mac. Even if you make payments to a lender like Chase or Wells Fargo, Fannie or Freddie may own your loan, so look it up online. Even if your loan is not held by Fannie or Freddie, a large consortium of private lenders has agreed to offer up to three months of similar forbearance, so contact your mortgage servicer (the entity you pay your bills to) if you are going to need relief.

If your income has fallen or been cut off completely, we’re here to help. This guide will connect you to the basic information you’ll need to get through this, including on government benefits, free services and financial strategies.