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Facts about the purchase and sale agreement ma PDF template

When a seller agrees to sell property to a buyer, the two parties need to put the details in writing. Having the agreement in writing and signed by all parties helps to ensure both have a clear understanding of what is to be expected of each other. Some common areas covered are the sales price, closing date, and who pays for what fees or inspections.

Why is the purchase and sale agreement MA PDF used?

This form is used to help clarify several areas of the sale. The first area of the contract states exactly who the buyer and seller are. They can be individuals, couples, groups of people, or trusts.
The trustee of a trust will be responsible for signing the forms, and the escrow officer will need to see documentation that verifies who the trustee is.
purchase-and-sale-agreement-ma

The sales agreement will also cover a description of the property. Often additional parcels of land are being sold with a house. In those situations, all parcels will need to be identified on the form. Parcels of land should have tax ID numbers or property ID numbers. Properties will be recorded at the courthouse. They are indentified by the book and page the recording is on.

The closing officer or escrow officer will gather information off the sale’s agreement. It will state what day the close will be, and how the office should bill the closing fees. New England Title and Escrow states the title search will be completed and closing documents will be prepared by the closing office.

The form covers other areas the buyer and seller have agreed upon such as:

  • Inspections
  • Financing
  • Appraisal
  • Good faith or earnest money deposit
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Who Would Use the purchase and sale agreement MA PDF?

People residing in Massachusetts who are selling property can use the sales form. If the buyer lives in another state, the seller can still present the contract to them. Real estate agents would most likely use agreement. For sale by owners can use MA sales agreements too.

If the buyer is financing the purchase, the buyer’s lender will need to see a contract. The lender will follow the instructions spelled out in the contract concerning the financing.

People that can use the form are:

  • Individuals
  • Married couples
  • Unrelated groups of people
  • Related groups of people

On the first page of the contract, there is a blank spot for the buyers and sellers to put their names. If there are several buyers, an addendum may have to be used to clearly identify all parties.

The name of the seller should be the exact same name and spelling on the title, and if the buyer is being financed, the buyer’s name should be the same name and spelling that the lender is going to use.

When Should You Use the purchase and sale agreement MA PDF?

The sales agreement form should be used when any real property is sold. Real Estate Laws describes real property as immovable and permanent. Real property is not personal property.

You can use the written agreement to spell out the terms of any personal property that leaves or stays with the property. Some areas of personal property that are addressed by the purchase and sale agreement MA are:

  • Refrigerators
  • Stand alone microwaves
  • Clothes washers and dryers

These items are personal property and the buyer and seller should use the form to clarify what is staying with the house and what the seller is removing.

A buyer and seller should use the form even if the contract is not going to close for an extended period. The deal may take several months to close, but those details can be populated into the contract and given the closing office.

What are the Consequences for not using a purchase and sale agreement MA PDF?

The consequences for not using the MA purchase and sale agreement can be costly. Without having a written agreement, it is not clear what exactly is to take place. It becomes a case of personal interpretation. Often these types of misunderstandings go to court. It can become very costly and time consuming, and ultimately it could be the judges final decision that decides who gets what.

The form was created and crafted to avoid all of these consequences. Some of the areas the contract specifically goes over in order to avoid confusion are:

  • When the buyer is to take over occupancy of the property
  • What condition the property must be transferred in
  • What are the choices if the property is damaged during escrow
  • What is to happen if the title is not clear

Not using the form could cause legal action against either party. Both buyer and seller could incur attorney fees and other court costs. Time and workdays will be lost spending days at the courthouse.

Steps for Filling Out a purchase and sale agreement MA PDF Form

It is a step-by-step process to complete the purchase and sales form from MA.

  • Date the agreement began
  • Purchase Price
  • Real estate agents fee
  • Inspections
  • Financing
  • Closing office and escrow

Quick Questions

For a contract to be legally binding there must be an offer and an acceptance. Both parties must be capable of entering into a contract. For example, a minor would not be able to enter into a legally binding contract. There must be consideration. Law Gives Infographic covers the details and conditions.

In some situation sellers want to take some of the items that are attached to the home or property with them. For example, an owner wants to take a small shed. The seller discloses this fact to the buyer before or during negotiations. If they buyer agrees to the terms, that fact could be added to the contract under additional provisions or with an addendum.

The form states that the seller must provide a certificate that shows the smoke detectors, carbon monoxide detectors, and wood stove ( if applicable) have been approved by the local fire department as required by local laws. Fire safety is a number one concern with all property owners. FEMA supplies infographics that cover the areas smoke detectors are recommended.

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