What happens between offer and closing when selling a home in Massachusetts?
After you accept an offer, selling a home in Massachusetts follows a set order: the accepted Offer to Purchase, then a Purchase and Sale Agreement (P&S) drafted by the attorneys, then the buyer’s mortgage commitment, then title and municipal paperwork, and finally an attorney-run closing where the deed is recorded. The P&S is the contract that controls everything after it is signed, so the deadlines inside it matter more than any rule of thumb.
Key Takeaways
- The Offer to Purchase can create binding obligations once you accept it, so have it reviewed before you sign.
- In my transactions the seller’s attorney drafts the P&S, and it sets the price, deposits, financing, title, and closing date terms.
- A buyer’s preapproval is not a mortgage commitment, and the commitment deadline lives in the signed P&S, not in state law.
- Title work, mortgage payoff figures, and a municipal lien certificate can delay a closing even after the buyer’s financing is approved.
- Closing happens with attorneys, and the deed and any mortgage are submitted for recording at the Registry of Deeds for the county where the home sits.
When I help a client sell a home in Massachusetts, the part that surprises people most is how much happens after they say yes to an offer. In Salem, Peabody, Danvers, Beverly, and every other North Shore town I work in, the signed offer is the start of a contract process, not the finish line. Here is the sequence, what you control at each stage, and where sellers get tripped up.
What is the order of events after you accept an offer?
The order is: accepted offer, attorney-prepared P&S, financing and title work, then closing and recording. The Commonwealth lays out the same sequence in its homebuying process guide from the Division of Banks, which describes the P&S as the contract signed by both parties that sets the final price and sale terms.
| Stage | What happens | Who is involved | What you watch |
|---|---|---|---|
| Accepted Offer to Purchase | You and the buyer agree on the core terms in writing | You, the buyer, the agents | Deposit, contingencies, closing date, P&S signing deadline |
| Purchase and Sale Agreement | The detailed contract is drafted, negotiated, and signed | Seller’s attorney, buyer’s attorney | Every deadline and what happens if one is missed |
| Mortgage commitment | The buyer’s lender issues its written financing decision | Buyer, lender | The commitment date in the P&S and any extension request |
| Title and municipal work | Title is examined, payoffs and liens are documented | Attorneys, your lender, the town | Payoff or discharge info, municipal lien certificate |
| Closing and recording | Documents are signed, funds delivered, deed recorded | Attorneys, parties, Registry of Deeds | Final appointment time, keys, proceeds disbursement |
What should you weigh in an offer besides price?
Price is one term out of many, and the other terms decide whether the deal actually gets to the closing table. The Massachusetts consumer fact sheet on brokers and salespersons notes that an Offer to Purchase can include the price, deposit, inspection terms, financing terms, closing date, personal property that stays or goes, and the deadline for signing the P&S.
Every one of those is negotiable. They are not fixed statewide defaults. When two offers land on the same Salem two-family, I compare the deposit, the financing contingency, the inspection language, the appraisal language, and the proposed closing date side by side, because the highest number is not always the cleanest offer.
Is an accepted Offer to Purchase binding?
It can be. Once accepted, the language in it can create binding obligations, which is why the state’s fact sheet says sellers should have it reviewed before signing. Do not treat it as an informal handshake that the P&S will sort out later. You should always know what you are signing and what it commits you to, so I walk sellers through every line before they accept.
Who drafts the Purchase and Sale Agreement?
The attorneys do. The P&S is usually prepared and negotiated by the buyer’s and seller’s attorneys, per the same consumer fact sheet. In my transactions, the seller’s attorney drafts it and the buyer’s attorney negotiates changes.
You are not legally required to hire your own attorney as a seller, but I strongly recommend it. The P&S addresses price, deposits, financing, title, the closing date, and each side’s rights if a deadline or condition is not met, as the Board of Registration’s P&S course material explains. That is a lot to hand to someone else’s attorney.
What do you need to do between the P&S and closing day?
You stay on top of the deadlines in the P&S, deliver the paperwork your attorney asks for, and keep the home in the condition the contract requires. The work after signing is mostly tracking, and most of it falls on you and your attorney, not the buyer.
What is a mortgage commitment, and what if the buyer misses the deadline?
A mortgage commitment is the lender’s written financing decision, and a buyer’s preapproval is not the same thing. In Massachusetts transactions, the P&S commonly sets a date by which the buyer must obtain that commitment, as the Board of Registration’s closing and settlement course material describes. The exact contingency language is contractual, not a universal statutory deadline.
If the buyer misses the date, what happens next depends on the wording of your P&S. Sometimes the buyer asks for an extension, and sometimes the contract gives one side options. Do not assume you can cancel, and do not assume you must wait. Call your attorney the day the deadline passes. I track these dates for every client so nothing slides by quietly.
What title and municipal items can slow down a closing?
Before closing, the attorneys and settlement professionals assemble and review the deed, mortgage documents, mortgage payoff or discharge information, a municipal lien certificate, title materials, and other closing documents. The state’s closing curriculum lists these as part of the closing process.
These items can affect timing even after the buyer’s financing is approved. If you still have a mortgage, your attorney will need payoff information from your lender. If a title issue turns up, it gets sorted out before the deed can move. None of this is dramatic, but it is why I tell sellers to answer their attorney’s requests quickly.
Which Massachusetts certificates come up before closing?
Depending on the property, a few Massachusetts-specific items can come up:
- Title V: applies to homes with a septic system, so it matters in some North Shore properties and not others.
- Smoke and carbon monoxide certificate: needed before closing on a residential sale.
- 6(d) certificate: applies to condominiums and relates to the condo association.
Whether and when each one applies depends on your home. Confirm yours with me and your attorney early, so a missing certificate does not delay your closing date.
Can you back out after signing the P&S?
The P&S is a binding contract, and walking away without a right to do so in the contract can carry real consequences. What those consequences are depends entirely on the language you signed. If you are having second thoughts, tell me and your attorney before you do anything else. Sometimes the answer is a renegotiation, and sometimes the right move is to keep the deal and adjust the plan.
What happens on closing day?
You sign legally binding documents, the buyer delivers the required funds, and the deed and any mortgage are submitted for recording at the Registry of Deeds. According to the state’s homebuying guide, the closing date is coordinated among the lender’s settlement agent, the seller, the buyer, and the attorneys.
The date in your P&S matters, but it can be changed only under the agreement itself or by written agreement of the parties. The final appointment also has to fit document preparation, lender funding, payoff figures, recording logistics, and any required municipal documents.
What do you bring and sign at closing?
Your attorney will give you the exact list. Expect to sign the deed and the closing documents, and plan to bring valid photo identification and the keys and any openers or codes for the home. Because my team is bilingual, I also make sure Spanish-speaking sellers have the documents explained in the language they are most comfortable with before they sign.
Who pays the Massachusetts deed excise tax?
The deed excise tax is imposed under Massachusetts law on qualifying transfers of real property and is paid at the Registry of Deeds for the county where the property is located. In the sales I handle, the seller usually pays it, but who pays can be part of the negotiation, so confirm it in your own P&S. Your attorney will confirm the current rate and the amount for your closing under Department of Revenue guidance.
When do you receive your sale proceeds?
Your proceeds come after the closing documents are signed, funds are delivered, and your attorney completes the disbursement. They are calculated from the agreed price after contractual adjustments and transaction obligations, such as paying off an existing mortgage. Ask your attorney, in advance, exactly how and when you will be paid so you can plan your move or your next purchase around it.
If you want a clear picture of what you will actually take home, I walk sellers through that before we ever list. You can also read my posts on net proceeds after selling a home in Massachusetts and how much you walk away with when you sell. Your own number depends on your mortgage, your closing date, and the terms in your contract, so it has to be run for your home.
Selling a home in Massachusetts is a contract process with a lot of moving parts, and most of the stress comes from not knowing what is coming next. I put the timeline in front of every seller so there are no surprises between the offer and the closing table.
Book a call with me and we’ll walk through your timeline together.
You can read what past clients say about working with me on Google and Zillow.
FAQ
How long after the offer do we sign the Purchase and Sale Agreement?
The deadline is set in the accepted Offer to Purchase, which can include a date for signing the P&S. It is negotiated between the parties, not a fixed statewide number. Your attorney and I will keep that date in front of you.
What does the seller need to provide before the P&S?
Your attorney will tell you exactly what is needed, but expect to provide information about your mortgage, if you have one, and details about the property and anything that stays or goes with it. Starting early on certificates such as Title V, smoke and carbon monoxide, or a condo 6(d) certificate, where they apply, keeps the timeline smooth.
Who chooses the attorney for a Massachusetts real estate closing?
Each side typically chooses its own attorney. The buyer picks the buyer’s attorney, and you pick yours. Attorneys conduct every Massachusetts closing, and I recommend sellers hire their own so someone is looking out for their interests when the contract is drafted.
Is an accepted Offer to Purchase binding in Massachusetts?
It can be. The language in an accepted offer can create binding obligations, which is why it should be reviewed before you sign. The P&S then becomes the detailed contract that controls the rest of the transaction.
What happens if the buyer misses the mortgage-commitment deadline?
It depends on the wording of your P&S. The buyer may request an extension, or the contract may give one or both sides options. Do not assume you can cancel or that you have to wait. Contact your attorney right away and we will decide the next step together.
About Cynthia Nina-Soto
Cynthia Nina-Soto is the broker and owner of Nina-Soto Realty, a boutique, woman-owned, bilingual brokerage in Salem, Massachusetts. In more than 20 years in real estate, she has helped buyers, sellers, and homeowners across the North Shore and Greater Boston make clear decisions about their homes, their equity, and their next move, with an eye on long-term and generational wealth. She was the 2020 President of North Shore REALTORS® and its 2020 REALTOR® of the Year, and she leads The Alianza Group, a team within Nina-Soto Realty.
Nina-Soto Realty · (978) 693-5643
Equal Housing Opportunity. Cynthia Nina-Soto, Massachusetts Broker License #9518117, Nina-Soto Realty, LLC, License #423520. Real estate brokers in Massachusetts are regulated by the Massachusetts Board of Registration of Real Estate Brokers and Salespersons. This article is general information, not legal, tax, or financial advice; confirm your own numbers and contract terms with your real estate attorney, tax advisor, or lender.