Massachusetts Offer to Purchase - Generic

State:
Multi-State
Control #:
US-01046BG
Format:
Word; 
Rich Text
Instant download

Description

A contract is based upon an agreement. An agreement arises when one person, the offeror, makes an offer and the person to whom is made, the offeree, accepts. There must be both an offer and an acceptance. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

An offer to purchase offer is a legally binding contract; once you sign it, you cannot easily change it. As a prospective buyer, you should make sure your finances are in order and obtain bond pre-approval before making an offer.

An Accepted & Signed Offer Is A Binding Contract This is not true. Under established Massachusetts case law, a signed standard form offer to purchase is a binding and enforceable contract to sell real estate even if the offer is subject to the signing of a more comprehensive purchase and sale agreement.

Again the answer is of course. A buyer can back out of a real estate transaction before or at closing. Technically they can back out all the way up to money being disbursed. In Massachusetts a sale is not complete and monies and keys are not distributed until the deed is recorded.

There are very few cases that a seller will win if the buyer has met all of their legal obligations in the contract. So a seller cannot back out of an accepted offer without legal consequences if the buyer chooses to pursue their legal rights.

In Massachusetts, a signed standard offer to purchase real estate is a binding and enforceable contract to sell real estateeven if the offer to purchase form is subject to the signing of the purchase and sale agreement.

An offer to purchase offer is a legally binding contract; once you sign it, you cannot easily change it.

There are always consequences for breaking a contract. For a seller, the consequences are far greater than for a buyer if you try to back out of a sale. The buyer can, in fact, sue for performance. The buyer, however, is typically held to the liability of no more than their escrow deposit.

Preparing the OfferYour name and the name of the seller.The property's address.Any special provisions regarding fixtures, appliances, etc.The purchase price being offered (including the deposit put down to bind the offer and the deposit to be paid upon the execution of the Purchase and Sale Agreement)More items...

The seller has received a higher offer after they signed a contract. Legally, a seller cannot back out of a contract because they have received a better offer after executing a contract. This becomes really tricky for a seller when they receive a backup offer they know is higher than the agreed-upon contract.

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Massachusetts Offer to Purchase - Generic