Key Takeaways

  • Massachusetts uses standard form purchase and sale agreements prepared by attorneys
  • The offer to purchase (binder) is typically followed by a more detailed P&S agreement
  • Attorney review is standard practice in Massachusetts real estate transactions
  • The P&S is usually signed within 7-14 days of the accepted offer
  • Earnest money deposits are typically held in escrow by the broker or attorney
Last updated: January 2026

Massachusetts Purchase Contracts

Massachusetts has a distinctive two-step contract process involving both an offer to purchase and a formal purchase and sale agreement.

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The Two-Step Process

Step 1: Offer to Purchase

FeatureDescription
Also calledBinder, preliminary agreement
PurposeShow serious intent
Legally bindingYes, but limited scope
DepositTypically $1,000-$5,000
TimelineUsually 7-14 days to P&S

Contents of Offer to Purchase

ElementDescription
PartiesBuyer and seller names
PropertyAddress and description
Purchase priceAgreed amount
DepositAmount with offer
P&S dateWhen full contract due
ContingenciesBasic conditions

Step 2: Purchase and Sale Agreement (P&S)

FeatureDescription
Full contractDetailed terms
Attorney preparedUsually by seller's attorney
Larger depositAdditional earnest money
All contingenciesDetailed conditions
Closing dateTarget transfer date

Contract Elements

Essential Terms

ElementDescription
PartiesLegal names of buyer/seller
Property descriptionLegal description
Purchase priceTotal amount
Financing termsMortgage details
Closing dateTransfer date
ContingenciesConditions to close
SignaturesAll parties

Common Contingencies

ContingencyPurpose
FinancingBuyer must obtain loan
InspectionProperty condition review
AppraisalValue verification
TitleClear title required
Sale of current homeBuyer must sell first

Attorney Role in Massachusetts

Standard Practice

FunctionDescription
Draft P&SSeller's attorney usually drafts
ReviewBoth parties have attorneys review
Negotiate termsAttorneys negotiate details
Title searchBuyer's attorney handles
ClosingAttorney conducts closing

Note: Massachusetts is an "attorney state" where lawyers play a central role in real estate transactions.

Earnest Money

Deposit Requirements

StageTypical Amount
Offer to Purchase$1,000-$5,000
At P&S signing5-10% of price
AdditionalPer negotiation

Who Holds Deposits

HolderCircumstances
Listing brokerCommon practice
AttorneyAt P&S stage
Title companyLess common in MA
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Massachusetts Contract Process
Test Your Knowledge

What is the typical timeline between the Offer to Purchase and the Purchase and Sale Agreement in Massachusetts?

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Test Your Knowledge

Who typically prepares the Purchase and Sale Agreement in Massachusetts?

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