What Happens After You Accept an Offer in Massachusetts?

Once you accept an offer in Massachusetts and both sides sign the Offer to Purchase, you may already have a binding contract, not just a statement of intent. From there the sale moves through the buyer's inspection, the Purchase and Sale Agreement, the buyer's mortgage commitment, and closing. The exact deadlines for each step are whatever the signed contract says, so read them closely.

What happens after a seller accepts an offer in Massachusetts?

The sale moves from the signed Offer to Purchase through the inspection, the Purchase and Sale Agreement, the buyer's mortgage commitment, and closing. Massachusetts uses a two-document process that surprises sellers who have bought or sold in other states. Missing a contract deadline or a required certificate can delay a closing. Here is the usual sequence from the moment you say yes to the moment you hand over the keys. For what comes off your proceeds along the way, see how much you'll net selling your home in Boston or run the numbers with the net proceeds estimate, and for the tax side, the Massachusetts capital gains tax guide covers what you may owe on your profit.

Key Takeaways

• A signed Offer to Purchase can be a binding contract in Massachusetts (McCarthy v. Tobin, 1999), so review the terms before you sign.
• For offers signed after October 15, 2025, a seller or agent can't condition acceptance on the buyer waiving or limiting an inspection.
• The Purchase and Sale Agreement governs the rest of the deal; on an $875,000 sale with a 5% total deposit, the deposit would be $43,750.
• In Boston, apply for the smoke and CO certificate as soon as the Purchase and Sale Agreement is signed, with at least 10 business days' notice.
• The Massachusetts deed excise is $4.56 per $1,000 of the sale price outside Barnstable County, customarily paid by the seller.

Is a signed Offer to Purchase binding in Massachusetts?

It can be. In many states the first signed offer is treated as a starting point. In Massachusetts, the Supreme Judicial Court held in McCarthy v. Tobin (1999) that a signed Offer to Purchase can be a binding contract even though the parties planned to sign a Purchase and Sale Agreement later. Whether a particular offer is binding depends on its wording and whether the parties agreed on the material terms. The Offer to Purchase usually sets the price, the deadline for signing the Purchase and Sale Agreement, the target closing date, contingencies (commonly inspection and financing), and an initial deposit. Once you sign it, you can't simply change your mind without risk, which is why the terms deserve review before you sign, not after. The Offer to Purchase guide goes into more detail.

What happens during the inspection period?

The buyer inspects the home within the days set in the Offer to Purchase, then may ask for repairs. The Offer to Purchase gives the buyer a set number of days to inspect. The buyer may order a general home inspection plus other tests, such as radon or pest. For homes built before 1978, federal rules give buyers an opportunity to conduct a lead inspection, usually 10 days unless the parties agree otherwise. For offers signed after October 15, 2025, Massachusetts law bars a seller or agent from conditioning acceptance on the buyer waiving or limiting an inspection, or accepting an offer from a buyer who said in advance they would waive (see the Massachusetts home inspection law). After the inspection, the buyer may ask for repairs. You can agree to make them, offer a credit, negotiate the price, or decline and let the buyer decide whether to proceed within the contract's terms.

What does the Purchase and Sale Agreement cover?

It sets the final terms, from price and closing date to repairs, financing, and default remedies. The Purchase and Sale Agreement is the detailed contract that governs the rest of the transaction. It covers the final price and closing date, any agreed repairs or credits, the full financing contingency terms, what personal property conveys, title and deed terms, and remedies if either party defaults. The buyer usually adds to the deposit at signing. As an example, if the contract calls for a total deposit of 5% on an $875,000 sale, the deposit would be $43,750, typically held in escrow. Massachusetts requires an attorney to play a meaningful role in a closing, usually the attorney representing the buyer's lender. Buyers and sellers are not required to hire their own attorneys, though many do. See what a closing attorney does for Greater Boston sellers.

What happens between the Purchase and Sale Agreement and closing?

The buyer works toward a mortgage commitment while the seller handles required certificates and disclosures.

On the buyer's side: The buyer's lender orders an appraisal and works toward a mortgage commitment by the date set in the contract. Title is examined to confirm there are no unresolved liens or defects.

The smoke and CO certificate. Massachusetts requires a fire department inspection of smoke and carbon monoxide alarms when a home is sold. In Boston, the Fire Department asks sellers to apply as soon as the Purchase and Sale Agreement is signed and requires at least 10 business days' notice. State law caps the inspection fee at $50 for a single-family home or single unit and $100 for a two-family. Details are in the smoke and CO certificate guide.

Lead paint notification. Massachusetts law requires the seller to give the buyer the Property Transfer Lead Paint Notification before the Purchase and Sale Agreement is signed. For homes built before 1978, federal rules add a lead disclosure and the buyer's inspection opportunity. Whether this applies depends on the home's age, not its neighborhood. See lead paint disclosure for Massachusetts sellers.

Condos. Condo sellers also need a 6(d) certificate from the association showing unpaid common charges. See the 6(d) certificate guide.

What Happens If the Appraisal Comes In Low?

If the appraisal comes in below the agreed price, the usual options are to reduce the price, have the buyer cover the gap in cash, split the difference, or ask the lender to reconsider with supporting comparable sales. If no agreement is reached and the buyer has a financing contingency, the contract terms decide whether the buyer can withdraw and recover the deposit. More in low appraisals for Boston sellers.

What happens in the final week before closing?

You review the settlement statement, then sign the deed on closing day. Before closing, you should receive the settlement statement showing the full financial breakdown. Review it carefully. It shows your sale price, the Massachusetts deed excise ($4.56 per $1,000 of the sale price outside Barnstable County, customarily paid by the seller), attorney fees if you hired one, prorated taxes and other adjustments, your mortgage payoff, and your net proceeds. On closing day, bring a government-issued photo ID and your keys, fobs, and garage openers. You sign the deed, the buyer's lender funds the loan, your mortgage is paid off, and your net proceeds are sent by check or wire.

FAQ

Is the Offer to Purchase in Massachusetts legally binding?

It can be. In McCarthy v. Tobin (1999), the Supreme Judicial Court held that a signed Offer to Purchase was a binding contract even though it contemplated a later Purchase and Sale Agreement. Whether a specific offer binds you depends on its wording, so review the terms before signing.

How long after accepting an offer do I sign the Purchase and Sale Agreement?

The Offer to Purchase sets the deadline. Treat it as firm: if the date passes without a signed Purchase and Sale Agreement or a written extension, the deal can be put at risk.

Do I need a smoke and CO certificate to sell my home in Massachusetts?

Yes. State law requires a fire department inspection of smoke and carbon monoxide alarms upon sale or transfer. In Boston, apply through the Fire Department as soon as the Purchase and Sale Agreement is signed, with at least 10 business days' notice. The fee is capped by state law at $50 for a single-family home and $100 for a two-family.

How long does it take to close after the Purchase and Sale Agreement?

The contract sets the closing date and the mortgage commitment date. Financed sales take longer than cash sales because the lender needs time for the appraisal and underwriting.

What happens if the appraisal comes in low in Massachusetts?

You can reduce the price, ask the buyer to cover the gap, split the difference, or ask the lender to reconsider with comparable sales. If no agreement is reached, the financing contingency in the contract decides whether the buyer can withdraw and recover the deposit.

The bottom line: after you accept an offer in Massachusetts, the signed contracts set every deadline, so read them closely and line up your certificates early.

Sources

• Massachusetts General Laws c. 148, § 26F: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter148/Section26F
• Massachusetts General Laws c. 148, § 26F½: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter148/Section26F1~2
• Massachusetts General Laws c. 148, § 10A (inspection fee caps): https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter148/Section10A
• City of Boston, Smoke and Carbon Monoxide Detector Inspections: https://www.boston.gov/departments/fire-prevention/smoke-and-carbon-monoxide-detector-inspections
• Massachusetts General Laws c. 111, § 197A (lead notification): https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXVI/Chapter111/Section197A
• Massachusetts General Laws c. 143, § 101 (inspection waivers): https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter143/Section101
• Massachusetts General Laws c. 64D, § 1 (deed excise): https://malegislature.gov/Laws/GeneralLaws/PartI/TitleIX/Chapter64D/Section1
• Fletcher Tilton, The Enforceability of an Offer to Purchase (discussing McCarthy v. Tobin, 429 Mass. 84 (1999)): https://www.fletchertilton.com/the-enforceability-of-an-offer-to-purchase/
• Joseph Singer, Harvard Law School, on REBA v. NREIS (2011): https://faculty.law.harvard.edu/joseph-singer/2011/04/26/massachusetts-supreme-judicial-court-requires-lawyers-for-the-lender-to-be-present-and-active-at-real-estate-closings/

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About Juan Murray

Juan Murray is a Boston broker associate with more than 30 years of experience helping buyers, sellers, and investors across Greater Boston, personally leading every transaction from the first conversation through closing.

RE/MAX Real Estate Center · (978) 581-0801

Equal Housing Opportunity. Juan Murray is licensed as a Broker in Massachusetts, regulated by the Massachusetts Board of Registration of Real Estate Brokers and Salespersons. This article is general information only and does not constitute legal, tax, or financial advice. Confirm your specific costs and obligations with your closing agent, tax advisor, or lender.