I went to a good law school where I was challenged every day to develop new and innovative ideas. In effect, I was told that what I did needed to be special, because I was “so well trained”. Over forty years into a career as a Massachusetts real estate attorney have demonstrated to me that the wisdom of this approach is fleeting. I am much better off being thorough and competent, rather than being the “best and brightest” who always gets the better of the deal.

What I am trying to say is that a real estate transaction is like trying to catch a fish. Until the fish is in the boat,no one wins, not the fisherman; not the person steering the boat; not the people waiting on shore for their seafood dinner. In real estate, you really have nothing until you have a signed purchase agreement at a reasonable price with a deposit. Oh sure, you can hold out for a better price and show how tough you are, but the danger is that you obtained such a good price, there was no way the property appraisal would match the purchase price, so you are back to square one.

It has been my experience that real estate transaction come in waves. There is the initial negotiation which leads to a sales agreement. Each side wants an agreement that demonstrates that they did not “get taken”. As we approach the closing, ancillary issues come up. Can we move the closing date slightly? Would you be interesting in including the refrigerator? Can we close at my attorney’s office because it is “kid friendly” and I have three young children.

If the initial negotiation went smoothly, and the parties more or less got along (through their representatives), the rest of the transaction will usually continue to be amicable. The purchase will close, and that is how all of us will get paid. You will be surprised how many “yes” answers you will get when the initial dealings went well.

I tell all of my clients I do not want the phrase “He wrote the perfect purchase and sale agreement” on my headstone. I would rather be known as a person who was a “deal-maker”, who knew his craft and practiced it in such a way that people were comfortable using him. I am sure each of you feel the same way as approach Ground Hog Day and yearn for the joys of the spring market.