Massachusetts Residential Purchase and Sale Agreement

This Residential Purchase and Sale Agreement (the "Agreement") is made as of [[Effective Date of this Agreement]] by and between [[Seller Full Legal Name(s)]] ("Seller") and [[Buyer Full Legal Name(s)]] ("Buyer"). Seller agrees to sell and Buyer agrees to purchase the Property described below on the terms and conditions set forth in this Agreement.

Massachusetts real estate transactions commonly follow a two-step process: (1) an initial Offer to Purchase (often non-binding or with limited binding effect), followed by (2) this formal Purchase and Sale Agreement (P&S), which is customarily prepared by Buyer's attorney. The P&S is the primary binding contract. This Agreement is intended to serve as the formal P&S., -

1. Parties

Seller: [[Seller Full Legal Name(s)]]
Address for notices: [[Seller Notice Address]], [[City]], Massachusetts [[ZIP Code]]
Phone: [[Seller Phone]] | Email: [[Seller Email]]

Buyer: [[Buyer Full Legal Name(s)]]
Address for notices: [[Buyer Notice Address]], [[City]], [[State]] [[ZIP Code]]
Phone: [[Buyer Phone]] | Email: [[Buyer Email]]

If either party is a trust, corporation, LLC, or other entity, the signatory represents and warrants that they have full authority to bind the entity and will provide evidence of authority upon request.

Buyer's Attorney: [[Buyer Attorney Name and Firm]]
Phone: [[Attorney Phone]] | Email: [[Attorney Email]]

Seller's Attorney (if known): [[Seller Attorney Name and Firm or "To be designated"]], -

2. Property

Seller agrees to sell and convey to Buyer, and Buyer agrees to purchase from Seller, the residential real property located at:

[[Property Street Address]]
[[City]], Massachusetts [[ZIP Code]]
County of [[County Name]]

Legal description (per current deed or to be confirmed by title examination): [[Full Legal Description or "as described in the current deed of record"]]

Assessors / Tax Parcel ID: [[Tax Parcel / Map / Block / Lot Number]]

The Property includes the land, all buildings and improvements thereon, all fixtures, and appurtenances. The Property is sold subject to easements, restrictions, and encumbrances of record that do not materially impair the current use of the Property as a [[single-family residence / condominium unit / two-family dwelling]], and subject to applicable zoning and building codes.

Included personal property / appliances: [[List major appliances and fixtures included, e.g., "refrigerator, range, dishwasher, washer, dryer, window treatments, ceiling fans"]]

Excluded items: [[List any items Seller will remove, e.g., "chandelier in dining room, specific wall-mounted TV brackets"]], -

3. Purchase Price and Earnest Money

The total purchase price is [[Purchase Price in Words]] Dollars ($[[Purchase Price Amount]]) (the "Purchase Price"), payable as follows:

1. Initial earnest money deposit of $[[Initial Earnest Money Deposit Amount]] due within [[Earnest Money Deadline, e.g., three (3) business days]] after the Effective Date of this Agreement. The deposit shall be held by [[Escrow Agent / Buyer's Attorney / Title Company Name]] in a non-interest-bearing or interest-bearing account as agreed.

2. Additional deposit or balance of down payment of $[[Additional Deposit Amount]] due by [[Additional Deposit Due Date, e.g., upon removal of inspection contingency]].

3. Balance of the Purchase Price due at closing by certified check, wire transfer, or other immediately available funds acceptable to the closing attorney or lender.

The Purchase Price is subject to customary prorations for real estate taxes, rents, fuel, and other items as of the Closing Date., -

4. Financing Contingency

This Agreement is contingent upon Buyer obtaining a firm mortgage commitment on terms acceptable to Buyer within [[Financing Contingency Period, e.g., thirty (30) days]] after the Effective Date (the "Financing Deadline").

Buyer shall apply for financing within [[Application Deadline, e.g., five (5) business days]] after the Effective Date.

If Buyer is unable to obtain financing despite good faith efforts, Buyer may terminate this Agreement by written notice to Seller prior to the Financing Deadline, and the earnest money shall be returned to Buyer.

If Buyer does not terminate in writing by the Financing Deadline, this contingency shall be deemed waived.

Loan Type: [[Conventional / FHA / VA / Other]]

Loan Amount: Approximately $[[Loan Amount or "eighty percent (80%) of Purchase Price"]]

Interest Rate: Not to exceed [[Maximum Interest Rate, e.g., 7.00%]] per annum for a term of [[Loan Term, e.g., thirty (30) years]]., -

5. Inspection and Due Diligence Contingency

Buyer shall have the right to have the Property inspected by one or more licensed professionals of Buyer's choice during the period ending [[Inspection Contingency Deadline, e.g., seventeen (17) days]] after the Effective Date (the "Inspection Period").

Inspections may include, without limitation: general home inspection, pest/wood-destroying insect inspection, radon testing, septic or well inspection, chimney sweep, structural engineering, mold assessment, lead-based paint inspection (especially for pre-1978 housing), and such other tests as Buyer deems appropriate.

Buyer shall provide Seller at least [[Notice Period for Entry, e.g., twenty-four (24) hours]] advance written notice of inspections (except in emergencies) and shall restore the Property to its prior condition after testing.

If Buyer is not satisfied with the results of inspections, Buyer may:

• Terminate this Agreement by written notice to Seller prior to the Inspection Deadline and receive return of the earnest money; or

• Deliver a written amendment request proposing price adjustment, repairs, or credits.

If no termination or amendment request is delivered by the Inspection Deadline, the inspection contingency is waived., -

6. Title and Survey Contingency; Marketable Title

Seller shall convey good and marketable title to the Property by [[Quitclaim Deed / Warranty Deed, note quitclaim is most common in MA]] in recordable form, free and clear of all liens, encumbrances, and exceptions other than:

• Current real estate taxes not yet due and payable.

• Easements, restrictions, and matters of record that do not materially impair use as currently improved.

• Any other matters approved by Buyer in writing.

Buyer shall have until [[Title Objection Deadline, e.g., ten (10) days prior to Closing]] to examine title and deliver written notice of any title objections. Seller shall have a reasonable opportunity to cure objections at Seller's expense.

Buyer may, at Buyer's expense, obtain a survey or plot plan of the Property., -

7. Deed Excise Tax and Recording Fees

Massachusetts imposes a deeds excise tax (transfer tax or "stamps") of $4.56 per $1,000 (or fraction thereof) of the consideration paid for the Property (M.G.L. c. 64D).

By custom in most Massachusetts counties, the Seller pays the deed excise tax.

Estimated deed excise tax (based on Purchase Price): approximately $[[Estimated Deed Excise, calculate as (Purchase Price / 1000) * 4.56 rounded up]].

Recording fees at the [[County Name]] Registry of Deeds are customarily paid as follows:

• Deed recording fee: paid by [[Buyer or Seller per local custom, typically Buyer or split]]

• Mortgage recording fee (if any): paid by Buyer.

Actual amounts will be confirmed at closing. Both parties shall cooperate in executing any documents required for recording., -

8. Closing and Possession

The closing (delivery of deed and payment of Purchase Price) shall take place on or before [[Closing Date]] at the offices of Buyer's attorney, the lender's closing attorney, or such other location as the parties agree (the "Closing").

Possession shall be delivered at closing, broom clean, with all personal property of Seller removed (except items included in sale), and all keys, access devices, codes, and remote controls delivered to Buyer.

Seller shall provide Buyer with final utility readings and arrange for final meter readings where applicable., -

9. Representations and Warranties of Seller

Seller represents and warrants to Buyer as follows (subject to any disclosures made in the Property Disclosure Statement delivered separately):

1. Seller has good and marketable title to the Property and full authority to sell.

2. There are no pending or threatened legal proceedings affecting the Property except as disclosed in writing.

3. Seller has not received notice of any pending or contemplated taking by eminent domain.

4. All improvements were constructed and all alterations performed in accordance with applicable permits and codes, or Seller has disclosed any unpermitted work.

5. There are no known material latent defects that have not been disclosed.

6. Seller is not aware of any violations of environmental laws or presence of hazardous materials except as disclosed.

7. All appliances and systems included in the sale are in working order as of the date of this Agreement, ordinary wear excepted, unless otherwise noted., -

10. Default and Remedies

If Buyer defaults, Seller may retain the earnest money as liquidated damages (not as a penalty) and pursue such other remedies as are available at law or in equity, or may elect to terminate and return the deposit.

If Seller defaults, Buyer may terminate and recover the earnest money, or may pursue specific performance or damages., -

11. Risk of Loss

Risk of loss or damage to the Property by fire, casualty, or other cause remains with Seller until delivery of the deed at closing. If the Property is substantially damaged prior to closing, Buyer may terminate and receive return of all deposits, or may elect to proceed and receive an assignment of insurance proceeds plus a credit for any deductible., -

12. Prorations and Adjustments

Real estate taxes, assessments, rents, condominium fees, fuel oil, water, and sewer charges shall be prorated as of the Closing Date. Security deposits held by Seller for tenants (if any) shall be transferred to Buyer at closing with appropriate credit., -

13. Brokerage

[[Broker Firm Name(s)]] represents [[Seller / Buyer / both as disclosed dual agent]]. Commission shall be paid at closing pursuant to separate agreement(s). Each party represents that they have not dealt with any other broker in connection with this transaction except as disclosed., -

14. Additional Provisions and Addenda

This Agreement may be executed in counterparts. Electronic signatures are acceptable.

The following addenda or riders are attached and incorporated:

• [[Inspection Addendum / Lead-Based Paint Disclosure Addendum / Condominium Addendum / Other, list or "None"]]

• Massachusetts Mandatory Lead Paint Disclosure (pre-1978 housing), previously or concurrently provided., -

15. Entire Agreement; Governing Law

This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, and agreements. No modification shall be binding unless in writing signed by both parties.

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. Any disputes shall be resolved in the courts of [[County]], Massachusetts., -

16. Signatures

SELLER:

[[Seller 1 Full Name]]
Signature: _______________________________ Date: [[Date]]

[[Seller 2 Full Name]]
Signature: _______________________________ Date: [[Date]]

BUYER:

[[Buyer 1 Full Name]]
Signature: _______________________________ Date: [[Date]]

[[Buyer 2 Full Name]]
Signature: _______________________________ Date: [[Date]], -

17. Attorney Review / Acknowledgment (Optional but Common in MA)

This Agreement has been prepared or reviewed by:

Buyer's Attorney: [[Name]] of [[Firm]], reviewed and approved as to form on [[Date]].

Seller's Attorney: [[Name or "N/A"]], -

Disclaimer and Sources

> Template, not professional legal advice. This is a template Purchase and Sale Agreement for Massachusetts residential real estate. Actual transactions should be prepared or reviewed by a licensed Massachusetts real estate attorney. Terms, contingencies, and local customs vary by county and transaction type. Deed excise tax rate and recording fees are subject to confirmation at the Registry of Deeds. Lead paint disclosures are mandatory for pre-1978 housing. As of June 2026.

Sources (as of June 2026):

• M.G.L. c. 64D (Deeds excise / stamps)

• Standard Massachusetts conveyancing practice and Registry of Deeds recording requirements

• M.G.L. c. 111 § 197A and federal lead disclosure requirements (pre-1978)

• Massachusetts Real Estate Bar Association (REBA) forms and practice standards (reference)

• County-specific Registry of Deeds fee schedules, -

*Massachusetts Purchase Agreement, airealtydesk.pro*