Massachusetts Real Estate Form PDF Details

Embarking on the journey of buying or selling property in Massachusetts is a significant undertaking, underscored by the importance of a comprehensive legal document known as the Standard Form Purchase and Sale Agreement. Updated and protected by copyright to ensure its accuracy and relevancy, this form meticulously outlines the obligations and promises between the buyer and seller, detailing aspects from the precise description of the property and included fixtures to the financial arrangements and payment schedules. It addresses the delivery of a clear and marketable title, free of encumbrances, except as noted within the agreement, thereby safeguarding the interests of both parties. Furthermore, provisions related to insurance, adjustments for operating expenses, and taxes are clearly delineated, ensuring transparency and fairness in financial dealings. The agreement also includes provisions for the use of deposits, contingencies on obtaining a mortgage, and clauses that account for unforeseen circumstances that may affect the transfer of property, such as the seller's inability to deliver a clear title or the property's compliance with agreed-upon conditions. Brokers' roles and fees, along with specific warranties and representations, are explicitly defined, establishing a rigid framework within which real estate transactions occur. Additionally, the document touches on critical regulations, like the lead paint law and the requirement for smoke detectors, emphasizing compliance with state laws for the safety and well-being of the occupants. This contract serves not just as a simple agreement but as a cornerstone of real estate transactions, designed to protect the rights and delineate the responsibilities of all involved parties, ultimately facilitating a smoother, more predictable process for transferring property ownership.

QuestionAnswer
Form NameMassachusetts Real Estate Form
Form Length4 pages
Fillable?No
Fillable fields0
Avg. time to fill out1 min
Other namesauto purchase and sale agreement form, massachusetts purchase and sale agreement 2021, purchase and sale agreement ma, massachusetts purchase and sale agreement

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From the Office of:

 

STANDARD FORM

 

PURCHASE AND SALE AGREEMENT

 

This ________________________ day of _____________________, 20_________

1. PARTIES

 

AND MAILING

 

ADDRESSES

hereinafter called the SELLER, agrees to SELL and

(fill in)

hereinafter called the BUYER or PURCHASER, agrees to BUY, upon the terms hereinafter set forth, the following described premises:

2.DESCRIPTION (fill in and include title reference)

3.BUILDINGS,

STRUCTURES,

IMPROVEMENTS, FIXTURES

(fill in or delete)

4.TITLE DEED (fill in)

*Include here by specific reference any restric- tions, easements, rights and obligations in party walls not included in (b), leases, municipal and other liens, other encumbrances, and make provision to protect SELLER against BUYER’s breach of SELLER’s covenants in leases, where necessary.

5.PLANS

6.REGISTERED TITLE

7.PURCHASE PRICE (fill in); space is allowed to write out the amounts

if desired

Included in the sale as a part of said premises are the buildings, structures, and improvements now thereon, and the fixtures belonging to the SELLER and used in connection therewith including, if any, all wall-to-wall carpeting, drapery rods, automatic garage door openers, venetian blinds, window shades, screens, screen doors, storm windows and doors, awnings, shutters, furnaces, heaters, heating equipment, stoves, ranges, oil and gas burners and fixtures appurtenant thereto, hot water heaters, plumbing and bathroom fixtures, garbage disposers, electric and other lighting fixtures, mantels, outside television antennas, fences, gates, trees, shrubs, plants and, ONLY IF BUILT IN, refrigerators, air conditioning equipment, ventilators, dishwashers, washing machines and dryers; and

but excluding

Said premises are to be conveyed by a good and sufficient quitclaim deed running to the BUYER, or to the

nominee designated by the BUYER by written notice to the SELLER at least sevendays before the deed is to be delivered as herein provided, and said deed shall convey a good and clear record and marketable title thereto, free from encumbrances, except

(a)Provisions of existing building and zoning laws;

(b)Existing rights and obligations in party walls which are not the subject of written agreement;

(c)Such taxes for the then current year as are not due and payable on the date of the delivery of such deed;

(d)Any liens for municipal betterments assessed after the date of this agreement;

(e)Easements, restrictions and reservations of record, if any, so long as the same do not prohibit or materially interfere with the current use of said premises;

*(f)

If said deed refers to a plan necessary to be recorded therewith the SELLER shall deliver such plan with the deed in form adequate for recording or registration.

In addition to the foregoing, if the title to said premises is registered, said deed shall be in form sufficient to entitle the BUYER to a Certificate of Title of said premises, and the SELLER shall deliver with said deed all instruments, if any, necessary to enable the BUYER to obtain such Certificate of Title.

The agreed purchase price for said premises is

 

dollars, of which

$

have been paid as a deposit this day and

$

 

$

are to be paid at the time of delivery of the deed in cash, or by certified,

 

cashier’s, treasurer’s or bank check(s).

$______________________________

$

TOTAL

COPYRIGHT © 1979, 1984, 1986, 1987, 1988, 1991,

Rev. 1999

GREATER BOSTON REAL ESTATE BOARD

Form ID: RA151

All rights reserved. This form may not be copied or reproduced in whole or in part in any manner whatsoever without the prior express written consent of the Greater Boston Real Estate Board.

This form was created by RE/Max Old South using e-FORMS. e-FORMS is copyright protected and may not be used by any other party

8.

TIME FOR

Such deed is to be delivered at

 

o’clock

M. on the

day of

 

PERFORMANCE;

 

20

, at the

 

 

 

DELIVERY OF

 

 

 

 

 

 

DEED (fill in)

Registry of Deeds, unless otherwise agreed upon in writing.

It is agreed that time is of the essence of this

 

 

agreement.

 

 

 

 

9.

POSSESSION and

Full possession of said premises free of all tenants and occupants, except as herein provided, is to be

 

CONDITION of

delivered at the time of the delivery of the deed, said premises to be then (a) in the same condition as they

 

PREMISE

now are, reasonable use and wear thereof excepted, and (b) not in violation of said building and zoning

 

(attach a list of

laws, and (c) in compliance with the provisions of any instrument referred to in clause 4 hereof. The BUYER

 

exceptions, if any)

shall be entitled personally to enter said premises prior to the delivery of the deed in order to determine

 

 

whether the condition thereof complies with the terms of this clause.

 

10.

EXTENSION TO

If the SELLER shall be unable to give title or to make conveyance, or to deliver possession of the premises,

 

PERFECT TITLE

all as herein stipulated, or if at the time of the delivery of the deed the premises do not conform with the

 

OR MAKE

provisions hereof, then any payments made under this agreement shall be forthwith refunded and all other

 

PREMISES

obligations of the parties hereto shall cease and this agreement shall be void without recourse to the parties

 

CONFORM

hereto, unless the SELLER elects to

use reasonable efforts to remove any defects in title, or to deliver

 

(Change period of

possession as provided herein, or to make the said premises conform to the provisions hereof, as the case

 

time if desired).

may be, in which event the SELLER shall give written notice thereof to the BUYER at or before the time for

 

 

performance hereunder, and thereupon the time for performance hereof shall be extended for a period of

 

 

thirty

days.

 

 

 

11.

FAILURE TO

If at the expiration of the extended time the SELLER shall have failed so to remove any defects in title,

 

PERFECT TITLE

deliver possession, or make the premises conform, as the case may be, all as herein agreed, or if at any

 

OR MAKE

time during the period of this agreement or any extension thereof, the holder of a mortgage on said premises

 

PERMISES

shall refuse to permit the insurance proceeds, if any, to be used for such purposes, then any payments

 

CONFORM, etc.

made under this agreement shall be forthwith refunded and all other obligations of the parties hereto shall

 

 

cease and this agreement shall be void without recourse to the parties hereto.

 

12.

BUYER’s

The BUYER shall have the election, at either the original or any extended time for performance, to accept

 

ELECTION TO

such title as the SELLER can deliver to the said premises in their then condition and to pay therefore the

 

ACCEPT TITLE

purchase price without deduction, in which case the SELLER shall convey such title, except that in the event

 

 

of such conveyance in accord with the provisions of this clause, if the said premises shall have been

 

 

damaged by fire or casualty insured against, then the SELLER shall, unless the SELLER has previously

 

 

restored the premises to their former condition, either

 

 

(a)pay over or assign to the BUYER, on delivery of the deed, all amounts recovered or recoverable on account of such insurance, less any amounts reasonably expended by the SELLER for any partial restoration, or

(b)if a holder of a mortgage on said premises shall not permit the insurance proceeds or a part thereof to be used to restore the said premises to their former condition or to be so paid over or assigned, give to the BUYER a credit against the purchase price, on delivery of the deed, equal to said amounts so recovered or recoverable and retained by the holder of the said mortgage less any amounts reasonably expended by the SELLER for any partial restoration.

13.

ACCEPTANCE

The acceptance of a deed by the BUYER or his nominee as the case may be, shall be deemed to be a full

 

OF DEED

performance and discharge of every agreement and obligation herein contained or expressed, except such

 

 

as are, by the terms hereof, to be performed after the delivery of said deed.

14.

USE OF

To enable the SELLER to make conveyance as herein provided, the SELLER may, at the time of delivery of

 

MONEY TO

the deed, use the purchase money or any portion thereof to clear the title of any or all encumbrances or

 

CLEAR TITLE

interests, provided that all instruments so procured are recorded simultaneously with the delivery of said

 

 

deed.

15.

INSURANCE

Until the delivery of the deed, the SELLER shall maintain insurance on said premises as follows:

*Insert amount

Type of Insurance

Amount of Coverage

(list additional

 

 

types of insurance

(a) Fire and Extended Coverage

*$

and amounts as

(b)

 

agreed)

 

 

This form was created by RE/Max Old South using e-FORMS. e-FORMS is copyright protected and may not be used by any other party

COPYRIGHT © 1979, 1984, 1986, 1987, 1988, 1991 GREATER BOSTON REAL ESTATE BOARD All rights reserved.

16.ADJUSTMENTS (list operating ex- penses, if any, or attach schedule)

17.ADJUSTMENT OF UNASSESSED AND

ABATED TAXES

Collected rents, mortgage interest, water and sewer use charges, operating expenses (if any) according to the schedule attached hereto or set forth below, and taxes for the then current fiscal year, shall be apportioned and fuel value shall be adjusted, as of the day of performance of this agreement and the net amount thereof shall be added to or deducted from, as the case may be, the purchase price payable by the BUYER at the time of delivery of the deed. Uncollected rents for the current rental period shall be apportioned if and when collected by either party.

If the amount of said taxes is not known at the time of the delivery of the deed, they shall be apportioned on the basis of the taxes assessed for the preceding fiscal year, with a reapportionment as soon as the new tax rate and valuation can be ascertained; and, if the taxes which are to be apportioned shall thereafter be reduced by abatement, the amount of such abatement, less the reasonable cost of obtaining the same, shall be apportioned between the parties, provided that neither party shall be obligated to institute or prosecute proceedings for an abatement unless herein otherwise agreed.

18.BROKER’s FEE (fill in fee with dollar amount or percentage; also name of Brokerage firm(s))

A Broker’s fee for professional services of is due from the SELLER to

the Broker(s) herein, but if the SELLER pursuant to the terms of clause 21 hereof retains the deposits made hereunder by the BUYER, said Broker(s) shall be entitled to receive from the SELLER an amount equal to one-half the amount so retained or an amount equal to the Broker’s fee for professional services according to this contract, whichever is the lesser.

19.

BROKER(S)

The Broker(s) named herein

 

WARRANTY

warrant(s) that the Broker(s) is (are) duly licensed as such by the Commonwealth of Massachusetts.

 

(fill in name)

 

20.

DEPOSIT

All deposits made hereunder shall be held in escrow by

 

(fill in name)

as escrow agent subject to the terms of this agreement and shall be duly accounted for at the time for

 

 

performance of this agreement. In the event of any disagreement between the parties, the escrow agent

 

 

may retain all deposits made under this agreement pending instructions mutually given in writing by the

 

 

SELLER and the BUYER.

21.BUYER’s

DEFAULT; DAMAGES

22.RELEASE BY HUSBAND OR WIFE

23.BROKER AS PARTY

24.LIABILITY OF TRUSTEE, SHAREHOLDER, BENEFICIARY, etc.

25.WARRANTIES AND REPRESENTATIONS

(fill in); if none, state “none”; if any listed, indicate by whom each war- ranty or represen- tation was made

If the BUYER shall fail to fulfill the BUYER’s agreements herein, all deposits made hereunder by the BUYER shall be retained by the SELLER as liquidated damages unless within thirty days after the time for performance of this agreement or any extension hereof, the SELLER otherwise notifies the BUYER in writing.

The SELLER’s spouse hereby agrees to join in said deed and to release and convey all statutory and other rights and interests in said premises.

The Broker(s) named herein join(s) in this agreement and become(s) a party hereto, insofar as any provisions of this agreement expressly apply to the Broker(s), and to any amendments or modifications of such provisions to which the Broker(s) agree(s) in writing.

If the SELLER or BUYER executes this agreement in a representative or fiduciary capacity, only the principal or the estate represented shall be bound, and neither the SELLER or BUYER so executing, nor any shareholder or beneficiary of any trust, shall be personally liable for any obligation, express or implied, hereunder.

The BUYER acknowledges that the BUYER has not been influenced to enter into this transaction nor has he relied upon any warranties or representations not set forth or incorporated in this agreement or previously made in writing, except for the following additional warranties and representations, if any, made by either the SELLER or the Broker(s):

This form was created by RE/Max Old South using e-FORMS. e-FORMS is copyright protected and may not be used by any other party

COPYRIGHT © 1979, 1984, 1986, 1987, 1988, 1991 GREATER BOSTON REAL ESTATE BOARD All rights reserved.

26.

MORTGAGE

In order to help finance the acquisition of said premises, the BUYER shall apply for a conventional bank or

 

CONTINGENCY

other institutional mortgage loan of $

 

at prevailing rates, terms and

 

CLAUSE

conditions. If despite the BUYER’s diligent efforts a commitment for such loan cannot be obtained on or

 

(omit if not

before

 

, 20

the BUYER may terminate this agreement by written

 

provided for

notice to the SELLER and/or the Broker(s), as agent(s) for the SELLER, prior to the expiration of such time,

 

in Offer to

whereupon any payments made under this agreement shall be forthwith refunded and all other obligations

 

Purchase)

of the parties hereto shall cease and this agreement shall be void without recourse to the parties hereto. In

 

 

no event will the BUYER be deemed to have used diligent efforts to obtain such commitment unless the

 

 

BUYER submits a complete mortgage loan application conforming to the foregoing provisions on or before

 

 

, 20

.

 

 

27.

CONSTRUCTION

This instrument, executed in multiple counterparts, is to be construed as a Massachusetts contract, is to

 

OF AGREEMENT

take effect as a sealed instrument, sets forth the entire contract between the parties, is binding upon and

 

 

enures to the benefit of the parties hereto and their respective heirs, devisees, executors, administrators,

 

 

successors and assigns, and may be cancelled, modified or amended only by a written instrument

 

 

executed by both the SELLER and the BUYER. If two or more persons are named herein as BUYER their

 

 

obligations hereunder shall be joint and several. The captions and marginal notes are used only as a

 

 

matter of convenience and are not to be considered a part of this agreement or to be used in determining

 

 

the intent of the parties to it.

 

 

 

28.

LEAD PAINT LAW

The parties acknowledge that, under Massachusetts law, whenever a child or children under six years of

 

 

age resides in any residential premises in which any paint, plaster or other accessible material contains

 

 

dangerous levels of lead, the owner of said premises must remove or cover said paint, plaster or other

 

 

material so as to make it inaccessible to children under six years of age.

29.SMOKE DETECTORS The SELLER shall, at the time of the delivery of the deed, deliver a certificate from the fire department of the city or town in which said premises are located stating that said premises have been equipped with approved smoke detectors in conformity with applicable law.

30. ADDITIONAL

The initialed riders, if any, attached hereto, are incorporated herein by reference.

PROVISIONS

 

FOR RESIDENTIAL PROPERTY CONSTRUCTED PRIOR TO 1978, BUYER MUST ALSO HAVE SIGNED

LEAD PAINT “PROPERTY TRANSFER NOTIFICATION CERTIFICATION”

NOTICE: This is a legal document that creates binding obligations. If not understood, consult an attorney.

________________________________________________

________________________________________________

SELLER

BUYER

Taxpayer ID/Social Security No. ______________________

Taxpayer ID/Social Security No. ______________________

________________________________________________

________________________________________________

SELLER (or Spouse)

BUYER

Taxpayer ID/Social Security No. ______________________

Taxpayer ID/Social Security No. ______________________

BROKER(S)

This form was created by RE/Max Old South using e-FORMS. e-FORMS is copyright protected and may not be used by any other party

COPYRIGHT © 1979, 1984, 1986, 1987, 1988, 1991 GREATER BOSTON REAL ESTATE BOARD All rights reserved.

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2. Once your current task is complete, take the next step – fill out all of these fields - This day of hereinafter called, a Provisions of existing building, such deed, d Any liens for municipal, materially interfere with the, f If said deed refers to a plan, TITLE DEED, fill in, Include here by specific, reference any restric tions, PLANS REGISTERED PURCHASE PRICE, and TITLE with their corresponding information. Make sure to double check that everything has been entered correctly before continuing!

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4. All set to fill out this next portion! In this case you've got all these TIME FOR, PERFORMANCE DELIVERY OF DEED fill, POSSESSION and, CONDITION of PREMISE attach a list, EXTENSION TO, PERFECT TITLE OR MAKE PREMISES, FAILURE TO, PERFECT TITLE OR MAKE PERMISES, free of, at the, Such deed is to be delivered at, elects to, and BUYERs ACCEPTANCE USE OF blanks to fill out.

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