BUYING A HOME
Buying a Home In Massachusetts
Two Document Procedure
When you locate a home you want to own, you are generally asked to endorse two documents. First you will be asked to prepare an Offer to Purchase. In addition to the purchase price and contract dates, this agreement allows time for the Buyer to complete pre-purchase contingencies (i.e. home and pest inspections, among others). An earnest check in the amount of $1,000 accompanies the Offer to Purchase. We will also attach a copy of pre-approval letter so the seller can see that you are qualified to purchase their home.
The second document is known as the Purchase and Sale Agreement. This document is generally signed about two weeks after your Offer to Purchase. It is highly advisable to have an attorney’s advice before signing this document.
Contingencies of the Purchase
Your Offer to Purchase stated the price you agree to pay for the property and the date you plan to close (pass papers). You may also have specified that you will have the property inspected for structural/pest/radon/lead of other defects that allow for revoking of the Offer to Purchase within a specified period.
Another contingency you may add to your Offer to Purchase is financing. This contingency specifies the amount of money you intend to borrow, the deadline by which you must submit the application for loan, and the deadline for which a bank can be expected to issue a full commitment. The mortgage contingency appears on both the Offer to Purchase and the Purchase and Sale Agreement.
The passing takes place at a convenient location to all parties (generally at the office of the lender’s attorney or at the local Registry of Deeds).
The buyer brings a certified check for any remaining balance required for the down payment on the house (i.e. the purchase price is $300,000: the down payment received is $30,000; and the loan is $260,000 – then the certified check needed would be $10,000).
The buyer is also responsible for other costs that may include advance payments on taxes, insurance, legal fees, buyer agent commission, etc. The conveyance attorney will notify you of the exact figures prior to attending the closing.