Offer to Purchase vs. P&S in Massachusetts

Buying or selling a home in Massachusetts moves fast, and the paperwork can feel like alphabet soup. You hear “Offer to Purchase,” then “P&S,” and it is not always clear which document locks you in. If you are eyeing a Kingston colonial, a Boston condo, or a Plymouth waterfront, knowing exactly what each agreement does will help you protect your money and your timeline. In this guide, you will learn how the Offer to Purchase and the Purchase & Sale Agreement work, what is typically included, and how timelines play out across the South Shore and Boston. Let’s dive in.

What each document does

Offer to Purchase: Your opening contract

An Offer to Purchase is the document you submit first. It states your price, deposit, proposed closing date, and main contingencies such as inspection and financing. In Massachusetts, an accepted offer can create binding terms if written to be binding. Many offers, however, are intended as a bridge to a more detailed Purchase & Sale Agreement that attorneys help finalize.

Most buyers use a standard form through their agent and add custom language as needed. In competitive situations, especially in Boston, buyers may shorten contingency timelines right in the offer to be more attractive.

Purchase & Sale (P&S): The detailed roadmap

The P&S is the full contract that governs how you get from agreement to closing. It spells out deposits and escrow, contingency deadlines, what happens if either side defaults, closing cost allocations, and how title will be delivered. In Massachusetts, the seller’s attorney commonly drafts the P&S, then both sides’ attorneys review and negotiate edits and addenda.

Once signed by both parties, the P&S is the primary agreement guiding the rest of the transaction.

Is the offer binding in Massachusetts?

It can be. Whether your Offer to Purchase is binding depends on the language and the parties’ intent. Some offers say the parties will be bound only when a P&S is signed. Others say the accepted offer itself is the contract. Massachusetts does not provide a statutory 3‑day attorney review period like some states, so the wording matters.

To avoid surprises, make your intentions clear in writing and use dates, definitions, and notice rules that match your plan.

What changes from offer to P&S

Contingencies and protection

Both documents can include inspection, financing, appraisal, title, and, for condos, condominium document review. Many South Shore single‑family purchases also include Title 5 septic language. The P&S typically adds more detail about how contingencies are satisfied, how you give notice, and what happens if deadlines are missed.

Small wording choices carry big consequences. “Mortgage commitment by [date]” is different from “loan application by [date].” Be clear about what proof is needed if financing is denied.

Deposits and escrow details

Most buyers submit an initial deposit with the offer, then add a larger deposit at P&S. The agreement should name the escrow holder, identify where funds are held, and explain release or forfeiture rules. On the South Shore, escrow may be held by a brokerage or an attorney’s trust account. Clear instructions reduce disputes and delays.

Deadlines and counters

Dates for inspections, mortgage commitments, and closing are often tight, especially in Boston. Counteroffers restart the acceptance process, so keep version control clean with dates and signatures. Make sure your documents say whether time periods are calendar days or business days, and how notice is “received.”

Typical Massachusetts timelines

Every deal is unique, but here is what you will often see in Kingston, Plymouth, and Boston:

• Inspection contingency: commonly 7 to 14 days after acceptance. In competitive Boston markets, you may see 3 to 5 days or strategic waivers.
• Financing/mortgage commitment: often 21 to 45 days, depending on lender and loan type. Jumbo or complex loans can take longer.
• Appraisal: usually ordered soon after application and can take 1 to 2 weeks. Delays can affect the financing contingency.
• Title review and commitment: 10 to 30 days is a common range.
• Closing: typically 30 to 60 days from the accepted offer or P&S.

Local factors to plan for

Kingston and Plymouth: Septic and coastal items

Many homes in Kingston and Plymouth use private septic systems. Massachusetts Title 5 rules require septic system inspections and compliance in most transfers. Build in time to schedule inspections through the local Board of Health and to address any required repairs. Coastal and marsh‑adjacent properties may also need flood zone confirmation and insurance quotes early, since underwriting can hinge on those numbers.

Boston condos: Faster pace, tight windows

For Boston condos, offers often include short inspection windows or selective waivers to compete. Even if you shorten the inspection period, keep a focused condominium document review window to examine budgets, insurance, meeting minutes, and any special assessments.

Real-world scenarios

Boston condo bid strategy

You submit a clean offer with a short inspection window and a tight mortgage commitment date. You still include a condo docs contingency for a few days to confirm budget health and insurance coverage. Attorneys move quickly to finalize a P&S within a week, and you aim for a 30‑day close.

Kingston single‑family with septic

You include a standard home inspection period, plus a septic inspection requirement and seller responsibility for Title 5 compliance. You allow extra days to coordinate with the Board of Health if repairs are needed. A 30 to 45 day mortgage contingency keeps lender timing realistic.

Plymouth waterfront with flood review

Along with the inspection and financing contingencies, you add time for flood zone verification and insurance quotes. You may also schedule a survey to confirm boundaries and easements. The P&S clarifies who handles any coastal permitting steps tied to recent work.

Buyer checklist: What to confirm

• Binding intent: State whether the offer is binding now or only when the P&S is signed.
• Deposits: Identify who holds escrow, where funds are held, and release conditions.
• Inspection: Set enough time to complete standard and, if needed, septic inspections.
• Financing: Define the mortgage commitment date and what proof is needed for a denial.
• Condo documents: For condos, specify which documents you will review and your review window.
• Flood and environment: If near the coast, allow time for flood insurance quotes and any environmental checks.

Seller checklist: What to prepare

• Contract path: Decide if you will accept a binding offer as final or move to an attorney‑drafted P&S.
• Escrow clarity: Set escrow instructions and identify the holding account before offers arrive.
• Disclosures: Share known inspection, Title 5, or permitting records early to reduce surprises.
• Timeline strategy: Balance shorter contingency windows against risk of financing failure.
• Default terms: Ensure your P&S spells out remedies for buyer default and what happens if you cannot close on time.

Common red flags that spark disputes

• Vague contingency language with no dates or notice rules.
• No named escrow holder or unclear release terms for deposits.
• Silence on calendar days vs business days for deadlines.
• Missing default remedies for buyer or seller.
• Verbal promises not written into the P&S or an addendum.

Who drafts and reviews in Massachusetts

In most single‑family transactions, the seller’s attorney drafts the P&S and both parties’ attorneys negotiate the details. On the South Shore, it is common to involve attorneys soon after offer acceptance, especially when septic, flood, or permitting questions are in play. Your agent coordinates timing, document flow, and vendor access while your attorney tunes the legal terms.

Next steps for Kingston, Plymouth, and Boston buyers and sellers

If you are preparing to make an offer, line up your lender, pick realistic contingency windows, and decide your binding intent in writing. If you are selling, collect septic records, permits, and any recent inspection reports so your P&S can move forward without delays.

You do not have to navigate this alone. Kornerstone’s boutique, owner‑led team coordinates the moving pieces, brings neighborhood context, and keeps your timeline on track from offer to close. If you would like help structuring terms, managing inspections and vendors, or staging for market through our Koncierge program, connect with Kristin Dewey to get started.

FAQs

What is the difference between an Offer to Purchase and a P&S?

• The Offer to Purchase sets your basic terms and contingencies and may be binding if written that way. The P&S is the detailed contract that governs deposits, deadlines, remedies, and closing.

Is an accepted offer legally binding in Massachusetts?

• It can be. Binding status depends on the offer’s language and the parties’ intent. Many offers state that the parties will be bound only when a P&S is signed.

How much deposit is typical with an offer?

• Deposit amounts vary by market and price point. Your documents should name the escrow holder, specify where funds are held, and outline release or forfeiture rules.

How long are the inspection and mortgage timelines?

• Inspection windows often range from 7 to 14 days, with shorter periods in hot markets. Mortgage commitments commonly run 21 to 45 days, depending on lender and loan type.

What is Title 5, and why does it matter in Kingston and Plymouth?

• Title 5 is the Massachusetts septic code. Many South Shore homes use private septic, so buyers and sellers should plan for inspection, compliance, and any repairs before closing.

Who drafts the P&S in Massachusetts?

• The seller’s attorney commonly drafts the P&S for single‑family homes. Both sides’ attorneys then review and negotiate the final language and addenda.