The Massachusetts Home-Selling Process: Your Step-by-Step Checklist

In Massachusetts, sellers and buyers usually use a standard Offer to Purchase form from the Greater Boston Real Estate Board or the Massachusetts Association of Realtors. Once you sign it, it becomes a binding contract under the state's Statute of Frauds — so make sure the price, deposit, dates, contingencies, and inclusions are all what you want before you sign.

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Look beyond the price. A strong pre-approval letter, a larger down payment, and reasonable financing terms make a buyer more likely to close. Your agent can help you weigh a slightly lower cash offer against a higher offer with weaker financing.

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Since August 2024, buyers must sign a written agreement with their agent before touring homes, and that agreement says exactly how the buyer's agent gets paid. You can choose to offer compensation toward the buyer's agent fee, ask the buyer to pay it themselves, or negotiate it inside the deal. There is no required amount, and you are never required to offer anything.

Cost: varies

You don't have to accept the first offer. You can counter on price, closing date, contingency deadlines, or what stays with the home. Once both sides sign the Offer to Purchase, you're under contract — your agent will collect the initial deposit and start the clock on next steps.

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When the offer is signed, the buyer puts down a small earnest money deposit, often $1,000. Your listing broker must hold this in a proper escrow account at a Massachusetts bank, separate from the brokerage's operating money. A bigger deposit follows when the next contract is signed.

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Massachusetts does not have a required seller disclosure form, but you and your agent still have duties under consumer protection law and the agent's professional rules. If you know about something serious — a leaking roof, a failing septic system, an old underground oil tank, a structural problem — disclose it in writing rather than risk a lawsuit later.

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Massachusetts is an attorney state — only a licensed Massachusetts attorney can examine title and conduct the closing. Hire your own attorney early to negotiate the Purchase and Sale Agreement, protect your interests, and prep documents for closing. Do not rely on the lender's or buyer's attorney to look out for you.

Cost: $800-1,500 typical

After the Offer to Purchase, Massachusetts uses a second, longer contract called the Purchase and Sale Agreement, usually signed within 2-3 weeks. Your attorney will negotiate the terms, including title, deposit amounts, deadlines, and contingencies. Once both sides sign, the buyer typically adds a larger deposit, often bringing the total to about 5% of the price.

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The Purchase and Sale Agreement spells out when the buyer must apply for a mortgage and when they must produce a written commitment letter from their lender. If the buyer can't get a commitment by that deadline, they may be able to walk away with their deposit. Track these dates closely so the deal stays on track.

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If you're not a U.S. citizen or U.S. resident, federal FIRPTA rules generally require the buyer's side to withhold 15% of the gross sale price at closing. There is also a separate Massachusetts withholding for nonresident sellers. Tell your attorney early so they can plan exemptions, paperwork, and your actual take-home number.

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Ask your agent or attorney for an updated estimated net sheet showing what you'll actually walk away with. It should include the deeds excise tax, attorney fees, commission, payoff of your mortgage, condo fees, and any credits to the buyer. For higher-priced homes the deeds excise alone can be thousands of dollars.

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The buyer typically gets about 7-10 days after the Offer to Purchase to inspect the home. Make sure inspectors can reach the attic, basement, electrical panel, heating system, and any crawl spaces. Replace burnt-out bulbs and clear access to systems so the inspection report doesn't include avoidable concerns.

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Old underground oil tanks are a known issue in Massachusetts and can be expensive to remediate. If you know your property has or had an underground or aboveground tank, share that with the buyer. State law requires you to notify environmental authorities immediately if you know of any spill or release.

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Once the buyer's inspectors finish, you'll usually receive a written request to address issues. Most reports include some minor items. Focus on health and safety items first — those are what most buyers really care about and what banks may flag later.

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You can agree to make repairs, offer a credit at closing instead of doing the work, or refuse and risk the buyer walking away. Many sellers prefer a credit because it's faster and avoids arguments over the quality of repairs. Your agent and attorney can help you decide what makes sense.

Cost: varies

For homes built before 1978, federal lead paint disclosure rules give the buyer a 10-day window to test for lead-based paint, unless they waive it. If lead is found, Massachusetts law puts strict requirements on deleading if a child under six will live in the home. Be ready to talk through options with your attorney.

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The lender's appraiser will visit to confirm your home is worth what the buyer agreed to pay. Make sure the home is presentable, and have a list ready of recent upgrades — new roof, kitchen remodel, HVAC, windows — with rough costs and dates. This helps the appraiser see the home's full value.

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If the appraisal comes in below the purchase price, the lender may only loan based on the lower value. You can lower the price, ask the buyer to pay the difference in cash, split the gap, or contest the appraisal with comparable sales. Talk to your agent and attorney before responding.

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Your Purchase and Sale Agreement sets a deadline for the buyer's lender to issue a final mortgage commitment letter. Once your attorney confirms the letter is in and there are no conditions you can't meet, the loan side of the deal is largely locked in.

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During underwriting the lender or the closing attorney may ask for items like proof you paid off a contractor, a survey, a missing condo document, or clarification on the title. Respond the same day if possible — slow replies are one of the most common reasons closings get pushed back.

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Confirm the fire department issued your Certificate of Compliance for smoke and carbon monoxide alarms. The certificate is required for the deed to be recorded, and it's only valid for a limited time, so schedule it close enough to closing that it doesn't expire but early enough to retest if something fails.

Cost: $50-150 typical

Ask your lender for a written payoff statement showing exactly how much you owe through the closing date. The closing attorney will use this to wire off your mortgage so the bank can release the lien on the property. Order it about 2 weeks before closing because banks can be slow.

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Massachusetts charges a deeds excise tax at recording — about $4.56 per $1,000 of the sale price in most counties, and higher in Barnstable County. Your attorney will collect it at closing and pay it through the Registry of Deeds. Review your updated settlement statement so there are no surprises.

Cost: Calculated on sale price

The buyer will usually walk through the home within 24-48 hours before closing. Leave anything that's supposed to stay (appliances, fixtures, garage door remotes) and remove everything else. The home should be in the condition you agreed to, and broom-clean is the standard expectation.

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Call your utilities (electric, gas, water, oil/propane, internet) and schedule transfers or final readings for the closing date. Let your homeowner's insurance carrier know the sale date so you don't keep paying after closing or lose coverage too early.

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Most lenders and closing attorneys want a 6(d) certificate dated close to closing showing you're current on your condo fees. Request an updated 6(d) from your condo association a couple weeks before closing so it's ready to be recorded with the deed.

Cost: $100-300 typical

Bring a government-issued photo ID, the keys, garage remotes, alarm codes, and any warranty or manual binders the buyer should receive. Your attorney will tell you which signed documents to bring — like the smoke and CO certificate, the 6(d) certificate, and any disclosures.

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You'll sign the deed transferring your home to the buyer, along with affidavits, the settlement statement, and tax forms. A Massachusetts attorney handles all of this because preparing and examining title is considered the practice of law in this state.

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After the deed is recorded at the Registry of Deeds, the closing attorney will wire your net proceeds or cut a check. Wires usually arrive the same day, but timing can depend on when recording happens. Confirm wire instructions over the phone with your attorney to protect against fraud.

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Possession usually transfers right after the deed is recorded unless you and the buyer agreed otherwise. Leave all the keys, garage remotes, mailbox keys, and access codes for the buyer's agent or attorney to pass along. Take a photo of meter readings as a backup record.

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Save your settlement statement, the deed, and proof of the deeds excise paid. You may need them for next year's tax return — especially to figure out capital gains and the home-sale exclusion. Most accountants want the full closing package, not just the final check amount.

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