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Massachusetts Contract for Sale and Purchase of Real Estate Without Broker

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CONTRACT FOR THE SALE AND PURCHASE OF REAL ESTATE (NO BROKER)

For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,

, “Seller” whether one or more, and

, “Buyer” whether one or more,

do hereby covenant, contract and agree as follows:

1. AGREEMENT TO SALE AND PURCHASE: Seller agrees to sell, and Buyer agrees to buy from Seller the property described as follows: (complete adequately to identify property)

County, Massachusetts.

Address:

Legal Description (or see attached exhibit):

As described on attached Exhibit.

Together with the following items, if any: (Strike items to be retained by Seller) curtains and rods, draperies and rods, valances, blinds, window shades, screens, shutters, awnings, wall-to-wall carpeting, mirrors fixed in place, ceiling fans, attic fans, mail boxes, television antennas and satellite dish system with controls and equipment, permanently installed heating and air-conditioning units, window air-conditioning units, built-in security and fire detection equipment, plumbing and lighting fixtures including chandeliers, water softener, stove, built-in kitchen equipment, garage door openers with controls, built-in cleaning equipment, all swimming pool equipment and maintenance accessories, shrubbery, landscaping, permanently installed outdoor cooking equipment, built-in fireplace screens, artificial fireplace logs and all other property owned by Seller and attached to the above described real property except the following property which is not included (list items not included):

All property sold by this contract is called the "Property."

2. SALES PRICE: The parties agree to the following sales price:

Amount Amount
Purchase Price
Earnest Money
New Loan
Assumption of Loan
Seller Financing
Cash at Closing
Total (both columns should be equal)

Both columns should be an equal amount.

If the unpaid principal balance(s) of any assumed loan(s), if any, as of the Closing Date varies from the loan balance(s) stated above, the cash payable at closing will be adjusted by the amount of any variance.

3. FINANCING: The following provisions apply with respect to financing:

CASH SALE: This contract is not contingent on financing.

OWNER FINANCING: Seller agrees to finance dollars of the purchase price pursuant to a promissory note from Buyer to Seller of $ , bearing % interest per annum, payable over a term of years with even monthly payments, secured by a deed of trust or mortgage lien with the first payment to begin on the day of , 20 .

NEW LOAN OR ASSUMPTION: This contract is contingent on Buyer obtaining financing. Within days after the effective date of this contract Buyer shall apply for all financing or noteholder's approval of any assumption and make every reasonable effort to obtain financing or assumption approval.

If financing or assumption approval is not obtained within days after the effective date hereof, this contract will terminate and the earnest money will be refunded to Buyer.

If Buyer intends to obtain a new loan, the loan will be of the following type:

Conventional VA FHA Other:

FHA. It is expressly agreed that notwithstanding any other provisions of this contract, the Purchaser (Buyer) shall not be obligated to complete the purchase of the Property described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise unless the Purchaser (Buyer) has been given ...

VA. If Buyer is to pay the purchase price by obtaining a new VA-guaranteed loan: It is agreed that ...

Existing Loan Review. If an existing loan is not to be released at closing, Seller shall provide copies of the loan documents (including note, deed of trust or mortgage, modifications) to Buyer within calendar days from acceptance of this contract.

Buyer consents to the provisions of such loan documents if no written objection is received by Seller from Buyer within calendar days from Buyer's receipt of such documents.

If lender's approval is not obtained on or before , this contract shall be terminated on such date.

Credit Information. If Buyer is to pay all or part of the purchase price by executing a promissory note in favor of Seller or if an existing loan is not to be released at closing, this contract is conditional upon Seller's approval of Buyer's financial ability and creditworthiness...

4. EARNEST MONEY: Buyer shall deposit $ as earnest money with upon execution of this contract by both parties.

5. PROPERTY CONDITION:

SELLER’S DISCLOSURE OF LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS is required by Federal law for a residential dwelling constructed prior to 1978. An addendum providing such disclosure is attached is not applicable.

Buyer hereby represents that he has personally inspected and examined the above-mentioned premises and all improvements thereon.

Buyer accepts the property in its "as-is" and present condition.

Buyer may have the property inspected by persons of Buyer's choosing and at Buyer's expense.

If the inspection report reveals defects in the property, Buyer shall notify Seller within days of receipt of the report ...

Buyer accepts the Property in its present condition; provided Seller, at Seller’s expense, shall complete the following repairs and treatment:

Buyer agrees that he will not hold Seller or its representatives responsible or liable for any present or future structural problems or damage to the foundation or slab of said property.

If the subject residential dwelling was constructed prior to 1978, Buyer may conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards, to be completed within days after execution of this agreement.

MECHANICAL EQUIPMENT AND BUILT IN APPLIANCES: All such equipment is sold "as-is" without warranty, or shall be in good working order on the date of closing. Any repairs needed to mechanical equipment or appliances, if any, shall be the responsibility of Seller Seller Buyer.

UTILITIES: Water is provided to the property by , Sewer is provided by .

Gas is provided by . Electricity is provided by .

Other:

The present condition of all utilities is accepted by Buyer.

6. CLOSING: The closing of the sale will be on or before , 20 , unless extended pursuant to the terms hereof.

7. TITLE AND CONVEYANCE: Seller is to convey title to Buyer by Warranty Deed or and provide Buyer with a Certificate of Title prepared by an attorney, title or abstract company...

8. APPRAISAL, SURVEY AND TERMITE INSPECTION: Any appraisal of the property shall be the responsibility of Buyer Seller.

A survey is: not required required, the cost of which shall be paid by Seller Buyer.

A termite inspection is not required required, the cost of which shall be paid by Seller Buyer.

9. POSSESSION AND TITLE: Seller shall deliver possession of the Property to Buyer at closing.

Title shall be conveyed to Buyer, if more than one as Joint tenants with rights of survivorship, tenants in common, Other:

10. CLOSING COSTS AND EXPENSES: The following closing costs shall be paid as provided.

Closing Costs Buyer Seller Both*
Attorney Fees
Title Insurance
Title Abstract or Certificate
Property Insurance
Recording Fees
Appraisal
Survey
Termite Inspection
Origination fees
Discount Points
If contingent on rezoning, cost and expenses of rezoning
Other:
All other closing costs

* 50/50 between buyer and seller.

11. PRORATIONS: Taxes for the current year, interest, maintenance fees, assessments, dues and rents, if any, will be prorated through the Closing Date.

12. CASUALTY LOSS: If any part of the Property is damaged or destroyed by fire or other casualty loss after the effective date of the contract, Seller shall restore the Property to its previous condition as soon as reasonably possible...

13. DEFAULT: If Buyer fails to comply with this contract, Buyer will be in default...

14. ATTORNEY'S FEES: The prevailing party in any legal proceeding brought under or with respect to the transaction described in this contract is entitled to recover ...

15. REPRESENTATIONS: Seller represents that as of the Closing Date ...

16. FEDERAL TAX REQUIREMENT: If Seller is a "foreign person" ...

17. AGREEMENT OF PARTIES: This contract contains the entire agreement of the parties and cannot be changed except by their written agreement.

18. NOTICES: All notices from one party to the other must be in writing and are effective when mailed to, hand-delivered at, or transmitted by facsimile machine as follows:

To Buyer at:

Telephone ()

Facsimile ()

To Seller at:

Telephone ()

Facsimile ()

19. ASSIGNMENT: This agreement may not be assigned by Buyer without the consent of Seller.

20. PRIOR AGREEMENTS: This contract incorporates all prior agreements between the parties...

21. NO BROKER OR AGENTS: The parties represent that neither party has employed the services of a real estate broker or agent ...

22. EMINENT DOMAIN: If the property is condemned by eminent domain after the effective date hereof ...

23. OTHER PROVISIONS

24. TIME IS OF THE ESSENCE IN THE PERFORMANCE OF THIS AGREEMENT.

25. GOVERNING LAW: This contract shall be governed by the laws of the State of Massachusetts.

26. DEADLINE LIST (Optional) (complete all that apply). Based on other provisions of Contract.

Deadline Date
Loan Application Deadline, if contingent on loan
Loan Commitment Deadline
Buyer(s) Credit Information to Seller
Disapproval of Buyers Credit Deadline
Survey Deadline
Title Objection Deadline
Survey Deadline
Appraisal Deadline
Property Inspection Deadline

Whether or not listed above, deadlines contained in this Contract may be extended informally by a writing signed by the person granting the extension except for the closing date which must be extended by a writing signed by both Seller and Buyer.

EXECUTED the day of , 20 (THE EFFECTIVE DATE).

EXHIBIT FOR DESCRIPTION OR ATTACH SEPARATE DESCRIPTION

RECEIPT

Receipt of Earnest Money is acknowledged.

Signature: Date: , 20

By:

Telephone ()

Address

City

State

Zip Code

LEAD-BASED PAINT DISCLOSURE INSTRUCTION PAGE

This page contains informational text regarding lead-based paint disclosure requirements. It is not a form section requiring entries.

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What this Massachusetts contract is and when it applies

The Massachusetts Contract for Sale and Purchase of Real Estate Without Broker is a written agreement used when buyer and seller negotiate a real estate transaction without a licensed broker. It sets the purchase price, deposit, financing and inspection contingencies, closing date, and any seller or buyer obligations. The form documents allocation of costs, title delivery requirements, and risk of loss prior to closing. Parties use it to create an enforceable contract under Massachusetts law and to record essential terms for title, mortgage, and closing work.

Why parties use a broker-free Massachusetts purchase contract

This contract clarifies obligations, timelines, and contingencies when no broker represents either party. It reduces ambiguity about deposits, inspections, title conditions, and closing logistics, and provides a clear written record enforceable under state contract law.

Why parties use a broker-free Massachusetts purchase contract

Who typically completes this broker-free purchase agreement

Buyers and sellers conducting a direct transaction without broker representation commonly use this form to record material deal terms in writing.

  • Individual buyers and sellers negotiating a private sale without broker representation, often for smaller residential properties or family transfers.
  • Real estate investors buying or selling properties directly, using the form to set inspection and financing contingencies clearly.
  • Attorneys or paralegals preparing or reviewing the contract for a client to ensure legal compliance and correct allocation of obligations.

When parties need clearer protections than an oral agreement, this written contract documents intent and establishes remedies for breaches.

Primary elements found in a professional Massachusetts purchase contract

A complete contract contains basic deal terms plus procedural clauses that manage risk, title, and closing logistics.

Purchase Price

Specifies the full agreed price and the method and timing for payment, including any deposit and escrow arrangements to evidence consideration.

Deposit / Escrow

Details initial deposit amount, where funds are held, conditions for forfeiture or return, and instructions for release at closing or termination.

Contingencies

Sets inspection, financing, appraisal, and title contingencies, including timeframes to satisfy or waive each condition to move toward closing.

Title and Deed

Identifies required title condition at closing, seller covenants for deed delivery, and whether title insurance or cure obligations apply.

Closing Terms

Specifies closing date, place, prorations (taxes, utilities), required deliverables, and which party pays customary closing costs.

Default Remedies

Describes remedies for breach such as deposit forfeiture, specific performance, or mutual termination, and applicable dispute resolution clauses.

Essential fields and data points required in the contract

Buyer Name: Full legal name
Seller Name: Full legal name
Property Description: Street, city, county
Purchase Price: Exact dollar amount
Deposit Amount: Dollar amount & escrow
Closing Date: MM/DD/YYYY format

Step-by-step: completing the Massachusetts broker-free contract

Follow these sequential steps to complete, review, and execute the agreement accurately before submitting for closing.

  • 01
    Prepare draft: Enter buyer/seller names, full property description, and agreed purchase price.
  • 02
    Set contingencies: Add inspection, financing and title conditions with clear cure or waiver deadlines.
  • 03
    Deposit & escrow: Specify deposit amount, escrow holder, and release conditions for funds.
  • 04
    Sign and date: All parties must sign and date; include witness/notary if required by state law.

How to configure an online signing workflow for this contract

Configure fields and authentication based on transaction risk and participant needs before sending the document for signature.

Field Configuration
Signature Type Electronic signature field — visible signature block
Authentication Method Email link or SMS code for signer identity verification
Template Fields Add required fields: initials, dates, deposit amount, witness lines
Routing Order Set signer sequence: buyer then seller, or simultaneous signing

Where to send, file, and submit the signed contract

After execution, copies should be distributed to stakeholders and original documents prepared for recording and closing.

  • Buyer & Seller: Each party retains an executed copy for records and lender use
  • Escrow/Title: Send to title company or escrow agent for closing and title search
  • Lender: Provide executed contract and exhibits to mortgage lender for underwriting
  • Registry: Prepare deed and recording documents for county registry at closing

Common transaction deadlines to include and monitor

Clear, mutually agreed deadlines prevent disputes and allow parties to exercise or waive contingencies on time.

Acceptance Deadline:

Date by which seller must accept buyer's offer

Inspection Period:

Number of days to inspect and request repairs or terminate

Financing Contingency:

Date to secure mortgage commitment or waive financing

Title Objection Deadline:

Cutoff for raising title defects or requesting cure

Closing Date:

Scheduled date for deed transfer and funds disbursement

Frequent mistakes to avoid when preparing the contract

  • Using incomplete property descriptions or incorrect parcel identifiers, which can delay title clearance and recording.
  • Failing to specify exact deposit terms and escrow holder, leading to disputes over release or forfeiture conditions.
  • Leaving contingency deadlines ambiguous or inconsistent, causing uncertainty about when rights to terminate expire.
  • Omitting required signatures, initials, witness lines, or notary acknowledgements, which can render parts unenforceable.

Short summary of legal risks for errors or omissions

Deposit Forfeiture: Buyer may lose deposit
Contract Rescission: Agreement may be voided
Title Delays: Recording prevented until cured
Closing Failure: Loss of sale proceeds
Litigation Risk: Costly disputes possible
Regulatory Penalties: Disclosure failures may trigger fines

Frequently asked questions about the Massachusetts broker-free sale contract

Answers to common legal and practical questions about execution, notarization, amendments, and electronic signatures for this contract.


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