Massachusetts Real Estate Purchase and Sale Agreement (Investor PDF)
An investor-ready purchase and sale agreement drafted for Massachusetts transactions, plus a plain-English summary of what Massachusetts law expects in a residential purchase contract. Free PDF, no signup required.
Massachusetts Purchase and Sale Agreement
Free PDF • Updated July 2026
Part of our free real estate investor forms library.
What Massachusetts Requires in a Purchase Contract
These are the contract and disclosure requirements our research identified for Massachusetts residential transactions, with statute citations. Requirements change; always confirm the current rule before closing.
No general seller property condition disclosure statute (caveat emptor)
No statute; common law + 254 CMR 3.00 (broker duty) + MGL c.93A
MA has NO mandatory seller disclosure form for private sellers; caveat emptor governs, but licensed brokers/salespersons must disclose known material defects (254 CMR 3.00) and misrepresentation is actionable under c.93A.
Applies to: all residential
Mandatory home inspection rights disclosure; seller may not require/encourage inspection waiver
Chapter 150 of the Acts of 2024 (Affordable Homes Act); 760 CMR 74.00 (Residential Home Inspection Waivers), effective October 15, 2025
For purchase agreements dated on/after 10/15/2025, every 1-4 unit, condo, or residential co-op transaction requires the EOHLC 'Massachusetts Mandatory Residential Home Inspection Disclosure' form signed by buyer and seller before or at the first written contract; sellers/listing agents cannot require or encourage waiver of inspection or accept offers conditioned on waiving inspection; violations can be c.93A unfair/deceptive practices.
Applies to: 1-4 unit residential, condominium units, residential co-op shares; contracts dated after 10/15/2025
Smoke detector certificate of compliance at sale
MGL c.148 s.26F
Seller must obtain a local fire department certificate of compliance for smoke detectors upon sale/transfer of 1-5 unit residences built or modified before 1/1/1975 (statewide code date); certificate valid 60 days and delivered at closing.
Applies to: residential 1-5 units (pre-1975 construction/modification trigger for 26F)
Carbon monoxide alarm certificate of compliance at sale
MGL c.148 s.26F1/2
Seller must obtain fire department CO alarm certificate of compliance at sale of any residential dwelling regardless of age where CO source exists (fossil-fuel equipment or enclosed attached garage); usually inspected jointly with smoke detectors.
Applies to: all residential dwellings with fossil-fuel equipment or attached enclosed garage
Title 5 septic system inspection at transfer
310 CMR 15.301 (MGL c.21A s.13 authority)
Property served by an on-site septic system must have a Title 5 inspection within 2 years before transfer (3 years if accompanied by annual pumping records; up to 6 months after transfer if weather prevents, with written buyer notice); failed systems generally must be upgraded (often within 2 years); P&S agreements customarily allocate this.
Applies to: properties with private on-site sewage disposal (not on municipal sewer)
Massachusetts Property Transfer Lead Paint Notification (state form on top of federal)
MGL c.111 s.197A; 105 CMR 460 (CLPPP Form)
For pre-1978 housing, seller and agents must disclose known lead hazards, provide all available lead inspection reports/Letters of Compliance or Interim Control, deliver the DPH-prepared Property Transfer Lead Paint Notification package, and all parties sign the certification page; buyer gets a 10-day lead inspection contingency opportunity; MA law also requires deleading if a child under 6 will reside (buyer-side obligation to note).
Applies to: pre-1978 residential
Lead-based paint disclosure (federal) Verbatim language required
42 U.S.C. 4852d; 40 CFR Part 745
Federal Lead Warning Statement, disclosure form, EPA pamphlet, and 10-day inspection opportunity for pre-1978 housing - runs alongside the MA state notification.
Applies to: pre-1978 residential
Massachusetts Closing Practice at a Glance
| Deed convention | Quitclaim Deed (with Massachusetts statutory quitclaim covenants, MGL c.183 s.17) is the standard for arm's-length residential sales - functionally similar to a special warranty deed, NOT the weak quitclaim of other states |
| Transfer tax | Deeds excise (tax stamps), MGL c.64D s.1: $2.28 per $500 of consideration ($4.56/$1,000) statewide; $2.85 per $500 in Barnstable County; payable before recording |
| Customary payer | seller (by custom; statute places tax on the person making/signing the deed, allocation technically negotiable) |
| Attorney closing | Attorney required or customary. Attorney state by case law: REBA v. National Real Estate Information Services, 459 Mass. 512 (2011) - real estate closings/conveyancing constitute the practice of law; a Massachusetts attorney must oversee the closing (notary-only closings prohibited); in practice lender's counsel conducts the closing |
| Witness and notary | Deeds require acknowledgment before a notary public only (MGL c.183 s.29-30); NO witnesses required for recording |
More Investor Resources
Disclaimer: This template and summary are provided free for reference and educational purposes. Clearway Home Buyers is not a law firm and does not provide legal advice, and no attorney-client relationship is created by downloading or using these forms. Real estate law varies by state and by transaction. Review any form with a licensed Massachusetts attorney before use. Read the full disclaimer.
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