Massachusetts Real Estate Contract: Different Types and Key Terms to Include

Quick Facts — Real Estate Contract Lawyers

What is a Massachusetts Real Estate Contract?

A Massachusetts real estate contract is a legally binding contract executed between a buyer and a seller for the purchase and sale of real property. A real estate contract will include important terms like the purchase price, closing date, and contingencies that must be met before the sale can be completed.

Real estate contracts are typically drafted by a real estate attorney, however; real estate contract templates are available for use by realtors and parties selling property privately. The contract becomes binding once both parties have signed it.

Common Massachusetts Real Estate Contracts

The three most commonly used real estate contracts in Massachusetts are:

  • Greater Boston Real Estate Board contract
  • Massachusetts Association of Realtors contract
  • Real Estate Bar Association Contract

Each of these approved contract templates are used by realtors who belong to the different associations. These forms include all provisions and conditions that are required for real estate contracts in Massachusetts and create a streamlined process for buying and selling property.

4 Essential Elements of a Massachusetts Real Estate Contract

Real estate contracts in Massachusetts are governed by Massachusetts contract law. Every real estate contract must include the following four essential elements:

  1. Voluntary agreement between parties
  2. Legally competent parties
  3. Offer, acceptance, and consideration
  4. Legal purpose

If a contract is missing any of these elements, it may be deemed invalid and unenforceable.

Is Massachusetts a Buyer Beware State for Real Estate?

Massachusetts is considered a "caveat emptor" state, which means "buyer beware." This means that buyers are responsible for thoroughly inspecting a property and any potential issues before purchasing it.

Sellers are not required to disclose any known defects or problems with the property unless they are asked directly. It's important for buyers to thoroughly research and inspect a property before making an offer.

Frequently Asked Questions

How do I hire a lawyer to draft a real estate contract in Massachusetts?

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Frank G.

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Boston Massachusetts
36 Yrs Experience
Licensed in MA CT
University of Connecticut School of Law

Accomplished business and litigation counsel with experience managing a broad spectrum of legal matters on behalf of individuals as well as early-stage and established technology, software, service and medical device companies. Substantial experience in drafting commercial agreements as well as litigation and arbitration of complex business disputes as plaintiff’s and defendant’s counsel. Served as infantry officer (attaining rank of Major) in ground combat units for the United States Marine Corps and educated in Marine Corps management and tactics. Adept at taking complicated information and legal principles and presenting strategy to non-lawyers in a concise and easy-to-understand format.

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Paula C.

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Andover, MA
29 Yrs Experience
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Massachusetts School of Law at Andover

DACC Law is a general practice client-centered law firm. I am a Partner in DACC and have been proudly serving clients across Massachusetts since 1997. With over 25 years of legal experience I have a built a reputation for trust, results-driven advocacy across a wide range of practice areas including contract law, personal injury, estate planning, workplace issues, and real estate. At the heart of my practice is a client-centered approach -- one that values clear communication, responsive service, and practical legal solutions tailored to each individual's needs. Whether helping a family protect their future through thoughtful estate planning, representing someone injured due to negligence, or guiding clients through complex workplace or property matters, I bring deep legal knowledge and personal attention to every case. If you're looking for a seasoned Massachusetts attorney who combines experience with empathy, and strategic insight with strong advocacy, I am here to help.

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After 15+ years at leading firms in Silicon Valley, Boston, and DC, I started Supernova Law to partner with the clients who inspire me most—start-ups, mission-driven companies, B-Corps, and non-profits. My goal is simple: provide accessible, affordable, high-quality legal support to innovators creating positive change for our society. At Supernova Law, your vision and values come first.

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Sean W.

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11 Yrs Experience
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Sean is an accomplished legal counsel with more than 10 years of experience providing assistance to individuals and companies of different sizes, from startups to Fortune 500s. He has been involved with various industries including biotechnology, consulting, healthcare, finance, hospitals, industrial manufacturing, pharmaceuticals, retail, software, and sports. He has been a key legal advisor and strategic business partner to senior leaders and stakeholder management, advising on a broad range of legal, contractual, corporate, and regulatory compliance matters on behalf of leading organizations in the U.S. and abroad.

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specializes in corporate governance, data privacy, intellectual property, and employment law. A former VP of Legal & Compliance and interim CFO, he has led legal operations across fundraising, acquisitions, and data privacy initiatives.

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Matthew R.

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Boston, Massachusetts
7 Yrs Experience
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Matt Rubner is a Florida and Massachusetts licensed attorney. His practice focuses on estate planning, prenuptial and postnuptial agreements, and civil litigation, with an emphasis on providing clear, practical legal guidance tailored to each client’s specific circumstances. Matt works with individuals and families to create thoughtful estate plans that protect assets, avoid unnecessary probate complications, and ensure that a client’s wishes are clearly documented. His estate planning services commonly include revocable living trusts, wills, powers of attorney, healthcare directives, and guidance on properly funding trusts and coordinating beneficiary designations. He also regularly advises clients on prenuptial and postnuptial agreements. Matt approaches these matters with a practical and balanced perspective, helping couples create agreements that clearly define financial expectations while preserving fairness and transparency for both parties. In addition to his transactional work, Matt maintains an active litigation practice and represents clients in a variety of civil matters. His litigation experience gives him a strategic perspective when drafting agreements and estate plans, allowing him to anticipate potential disputes and structure documents in a way that reduces future conflict. Matt represents clients in both Florida and Massachusetts and frequently works with individuals who have assets, businesses, or family connections in multiple states. He focuses on making the legal process straightforward, efficient, and understandable so clients can make informed decisions with confidence.

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Asked on Dec 26, 2021

Can you purchase or refinance under a land contract?

I’ve been living here for 2 years. Currently have been working with my credit union and they are having a terrible time trying to understand the legalities of my land contract first off, and secondly they just don’t seem to know what they are doing. It’s been over 8 months, 4 different loan officers and I’m once again waiting for someone else to help finish this thing out. It’s only $60,000 with a $120,000 appraisal. So, as of now I am stuck paying 2.5x monthly under this land contract than I was promised would be an easy mortgage process. So any guidance in the right direction would be very helpful. It’s a New York home. 20 yr fixed, no balloon, with a (brace yourself) 12% apr. HELP ME PLEASE! One month I’m being told to authorize a credit check for a first time homebuyer grant method of mortgaging this property. The next it’s authorizing it for a refinance. I do have earnest money deposits for over $3,000 and another $3000 paid towards principal under this land contract also.

Jane C.

Answered Jan 11, 2022

I suggest you speak with a New York real estate attorney. That attorney needs to review the documents related to the transaction.

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Asked on Mar 24, 2022

How many years does a quick claim become effective?s

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Meghan T.

Answered Mar 29, 2022

A quit claim deed is effective upon execution so long as the deed is dated as of the date of signature. Execution means that the deed is signed, in front of a witness and a notary. The witness and notary must also sign the deed. Finally, the deed must be recorded. This means that the deed must be submitted to the Superior Court recording office of the County in which the property sits. Please let me know if you have any questions. Thanks, Meghan K Thomas

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Asked on Mar 18, 2022

WHAT ARE YOUR FEES TO PERFORM QUIT CLAIM DEED COMPLETE BUTTS COUNTY GEORGIA 30233

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Meghan T.

Answered Mar 29, 2022

Hi. The cost for my practice to prepare a Quit Claim Deed is $99. The Cost for me to handle the closing is $250 plus recording fees. These costs apply for any county within the state of Georgia. Let me know if you have any more questions. Meghan K Thomas

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Asked on Mar 27, 2022

what is better to buy land or rent for construction in US?

we are a construction company from Ukraine, we are planning to build a cottage town in the USA

T. Phillip B.

Answered Apr 5, 2022

I suppose it doesn't matter if you have the lease giving you permission and the lease is long enough to justify the building expense when you won't own it. But I'd buy the land so you could eventually sell the property with the building on it.

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