Offer to purchase, then the P&S
The first document is the offer to purchase. Most often the buyer's broker fills it out on a pre-printed standard form and sends it to you. Attorney commentary says a signed, accepted standard-form offer is a binding contract under Massachusetts case law, even though a longer agreement is planned. Do not treat it as a formality.
The second is the purchase and sale agreement. The commonly used forms come from the Greater Boston Real Estate Board or the Massachusetts Association of Realtors, and the P&S supersedes the offer and is the "long form" contract. Attorneys on both sides negotiate it. Commentary from a Massachusetts real estate lawyer says the standard form has several features that favor sellers, and that buyers' lawyers usually add a rider.
The state's own course outline on the residential P&S lists the usual clauses. It gives you a map of what your attorney will cover: parties, property, fixtures, title and deed type, purchase price and deposit, time for performance, possession, extensions to fix title, buyer's default, lead, smoke and CO, septic, home inspection and notices.
A real timeline, offer to closing
| Step | What happens | Typical time |
|---|---|---|
| Offer to purchase signed | Offer is binding once both sign. Buyer gives a deposit. Seller gives the inspection disclosure form and lead notice. | Day 0 |
| Home inspection | Done by a licensed inspector under 760 CMR 74.00. Often finished before the P&S is signed. | First days to about 2 weeks |
| Mortgage application | Attorney sample rider requires a complete application within 2 to 5 business days of signing the P&S | Days after the P&S |
| P&S signed | Attorneys finish the long contract; buyer adds more deposit; closing date is set | Often about 1 to 2 weeks after the offer |
| Mortgage commitment | Loan approval deadline in the rider. Attorney sample: 30 to 45 days after the P&S | 30 to 45 days |
| Appraisal and title exam | Lender orders the appraisal; the buyer's attorney checks title and the registry | Between the P&S and closing |
| Closing and recording | Deed signed, funds delivered, deed recorded at the Registry of Deeds | Often 30 to 45 days after the offer |
We did not find an official source for a standard "offer to P&S" or "offer to closing" period, so treat the first and last rows as common practice.
Deposits and contingencies
Deposits. The Mass.gov outline lists a "previous deposit" and an amount to be paid when the P&S is signed. So a deposit is paid with the offer, and more is typically paid at the P&S. The listing agent or attorney holds it in an escrow account, according to attorney commentary. We could not verify a standard percentage, and it varies with the market. Your attorney sets the rules for when it is returned.
Inspection. Since October 15, 2025, 760 CMR 74.00 applies to most 1 to 4 unit homes and condos. You may not condition an offer on a waiver, and the buyer gets a signed disclosure form and a reasonable chance to inspect and withdraw. Parties can agree on reasonable repair-cost thresholds. See Mass.gov.
Financing and appraisal. The offer or a rider usually includes a mortgage contingency with a deadline. If the buyer cannot get a loan commitment by then, the buyer can cancel and get the deposit back. If the appraisal comes in low, the buyer, seller and lender have to sort out the gap. We did not find an official source on appraisal clauses, so ask your attorney how yours reads. Our cash offer vs listing tool shows how a cash buyer without these contingencies can change a timeline.
Seller items. The lead paint notice, the smoke and CO certificate, and any septic inspection are standard P&S terms. See lead paint, smoke and CO and Title 5.
Time of the essence, default and delays
"Time is of the essence" is on the Mass.gov outline of P&S clauses under time for performance. In plain words, the dates in the contract are firm. A party who misses a deadline can be treated as in breach, instead of getting a few extra days. Extensions should be in writing and signed by someone with authority to agree, usually the attorney.
The outline also lists a clause on buyer's default with liquidated damages and other seller remedies, and clauses for what happens if you cannot deliver good title or possession. A common fix is a short extension to cure a title problem or finish a repair. An attorney's commentary says the standard form puts no cap on buyer's damages unless the buyer's lawyer adds one, which is one reason lawyers add riders.
Delays often come from lenders, appraisal problems, unpaid liens or a missing certificate. See liens and how long it takes to sell.
Deeds, escrow and the Registry of Deeds
The P&S says what kind of deed you will give. The two most talked-about in Massachusetts are the warranty deed and the quitclaim deed. MGL c.183 s.17 defines "quitclaim covenants." You promise the property is free of encumbrances made by you, and that you will defend the title against claims through you, but against no one else. That is a narrower promise than a full warranty deed makes. Section 2 says a deed of quitclaim and release is enough to convey the whole estate. Which form your contract calls for is a question for your attorney.
A deed is not valid against most outsiders until it is recorded. MGL c.183 s.4 says a conveyance must be recorded in the registry of deeds for the county where the land lies to be valid against everyone except the seller, their heirs and people with actual notice. Your attorney or the lender's attorney handles recording.
Closing is the final step. Funds are delivered, your mortgage is paid off, the deed is signed and recorded, and you get the closing statement. See closing costs for sellers and the deeds excise tax.