Massachusetts Real Estate Purchase Agreement
A Massachusetts real estate purchase agreement is a legally binding contract that facilitates the real estate transaction between you, the buyer, and the seller. You’re responsible for drafting this agreement and presenting your offer to the seller. This agreement must encompass all the conditions of the sale. Based on their discretion, the seller may accept, counter, or reject your offer.
Ensure you adhere to state laws with our legally binding Massachusetts real estate purchase agreement template.
Legal Aspects
In Massachusetts, as in many states, a law is known as the statute of fraud. This law mandates that specific types of agreements, including those pertaining to property sales, must be documented in writing to be legally enforceable. It’s important to note that, barring a few exceptions, verbal agreements are generally not considered valid in a real estate purchase agreement in Massachusetts.
Interestingly, the definition of ‘writing’ in this context extends beyond conventional written contracts. A recent ruling by the Land Court established that a legally binding Massachusetts real estate purchase agreement can be constituted via text messages. There have been similar rulings where emails have been deemed sufficient to meet the requirements of the statute of fraud. This underscores the evolving nature of legal documentation in the digital age.
Writing Requirement (when it becomes legal)
A real estate purchase agreement in Massachusetts must contain adequately comprehensive and specific terms, demonstrate the parties’ current intention to be bound by it, and be documented in writing as per the Statute of Frauds.
Typically, a Massachusetts real estate purchase agreement will encompass:
- Proposals to Buy
- Agreements of Purchase and Sale
- Leases for Residential or Commercial Properties
- First Right of Refusal and Other Option Contracts
- Easements
These are integral components of real estate purchase agreement transactions and must be drafted with due diligence to ensure legal compliance.
Required Disclosures
Sellers must adhere to certain federal regulations and Massachusetts Real Estate Disclosure laws with a Massachusetts real estate purchase agreement. The Massachusetts Seller Disclosure laws mandate the seller to fulfill the following requirements:
- Provision of a Property Condition Statement
- Disclosure of Lead Paint Presence – as stipulated under the Massachusetts Lead Paint Statute
- Declaration of Septic System Existence on the Property – as outlined in the Massachusetts Environmental Code