Offer to Purchase vs. Purchase and Sale Agreement in Massachusetts
Compare the Massachusetts Offer to Purchase and Purchase and Sale Agreement, including timing, deposits, contingencies, attorney review, and legal effect.
The Offer to Purchase
The offer commonly identifies the property, price, deposits, financing and inspection terms, included items, and deadlines. Once the seller accepts a sufficiently definite offer, it may create binding obligations. Have your agent and attorney focus on contingencies before submission.
The Purchase and Sale Agreement
The P&S is usually negotiated by the parties' attorneys after offer acceptance. It addresses title, representations, default, casualty, adjustments, closing logistics, and detailed contingency language. A larger deposit is commonly due when it is signed.
Terms that must stay aligned
Do not assume the P&S automatically fixes an unfavorable offer. Track every deadline and ensure the later agreement accurately carries forward negotiated protections.
- Inspection scope and notice deadline
- Mortgage amount, application date, and commitment date
- Appraisal protection, if any
- Items included in the sale
- Closing date and possession
- Deposit return and default provisions