Buying or selling a home is more than just a transaction — it’s one of the largest financial and emotional investments most people will ever make. At the heart of every Massachusetts real estate deal lies the Purchase and Sale Agreement (P&S Agreement). This document dictates your rights, responsibilities, and remedies from the moment the offer is accepted until the keys change hands.
But here’s the truth: most homebuyers and sellers don’t fully understand their P&S Agreement, and many don’t realize that a single overlooked clause can cost thousands of dollars or even cause a deal to collapse. In 2025, with Massachusetts real estate markets moving faster and contracts becoming more complex, having an attorney fix, review, and negotiate your P&S Agreement is not optional — it’s essential.
At Percy Law Group, PC, we’ve seen too many clients come to us after problems have already arisen. The best time to call us is before you sign anything, but even if your agreement is already in place, our attorneys can often identify and correct issues to protect your interests.
What Is a Purchase and Sale Agreement in Massachusetts?
The P&S Agreement is a binding contract that goes beyond the initial Offer to Purchase. Typically spanning 10–20 pages, it sets out:
- The purchase price and deposit structure
- Closing dates and timelines for performance
- Inspection, financing, and appraisal contingencies
- Obligations for repairs, credits, and disclosures
- Allocation of closing costs, taxes, and escrows
- Remedies if either party defaults or fails to perform
- Requirements regarding title, deed, and possession
In Massachusetts, this contract is the definitive word on the transaction. Once you sign, you are legally bound to comply — and if there are mistakes, ambiguities, or one-sided terms, you may be stuck with them.
Why You Need an Attorney to Fix the P&S Agreement
Real estate agents and standard forms are useful starting points, but only an attorney can:
- Identify legal risks hidden in boilerplate clauses.
- Customize the agreement to protect your unique interests.
- Negotiate corrections or improvements to avoid financial loss.
- Ensure compliance with Massachusetts law in 2025.
In short: your attorney is your safeguard against risks that could jeopardize your deal, your deposit, and your peace of mind.
Top Risks of Signing a P&S Agreement Without an Attorney
1. Losing Your Deposit
Massachusetts P&S Agreements often require deposits of 5% of the purchase price. Without protective contingencies, you could lose tens of thousands of dollars if financing falls through or a deadline is missed.
2. Being Stuck With Costly Repairs
If the agreement doesn’t clearly spell out who pays for structural defects, code issues, or inspection findings, you may be forced to cover major costs after closing.
3. Unfair Financing and Appraisal Terms
An improperly worded financing clause may require you to close even if your lender denies your mortgage. Similarly, a weak appraisal contingency could force you to pay above market value.
4. Title Problems
Without explicit title protections, you could inherit liens, easements, or ownership disputes that cloud your ability to sell or refinance later.
5. Seller’s Liability (or Buyer’s Liability)
For sellers, failing to limit post-closing obligations or disclosure liability can lead to lawsuits long after the sale.
These risks are fixable — but only if a qualified attorney reviews and amends the contract.
How an Attorney Fixes Your Purchase and Sale Agreement
At Percy Law Group, PC, our attorneys take a proactive approach to revising and negotiating P&S Agreements. Here’s what we do:
- Clarify vague language to eliminate ambiguity and reduce disputes.
- Customize contingencies for financing, inspections, and appraisals.
- Protect deposits by drafting clear refund conditions.
- Negotiate fair repair and credit provisions so you’re not left paying for surprises.
- Update outdated templates to reflect Massachusetts laws in 2025.
- Allocate risk fairly between buyer and seller, instead of defaulting to one-sided clauses.
- Build remedies for non-performance, including extensions, liquidated damages, or termination rights.
Even if you’ve already signed, our attorneys can often negotiate amendments, side agreements, or addenda before closing that correct unfair or dangerous provisions.
Why 2025 Makes Legal Review More Important Than Ever
The Massachusetts real estate market in 2025 presents unique challenges:
- Interest Rate Fluctuations: Mortgage approvals can be delayed, making strict deadlines risky.
- Competitive Market: Buyers waiving inspections or contingencies to win bidding wars are at higher risk.
- Escalation Clauses: More common today, these clauses can push purchase prices higher than expected.
- Digital Transactions: With remote closings and e-signatures, errors are easier to miss.
- New Legal Requirements: Massachusetts updates to disclosure and consumer protection laws mean older P&S templates may no longer be compliant.
Every one of these factors makes it more likely that a flawed agreement will cost you.
Real-World Examples of How Attorneys Protect Clients
- The Inspection Surprise: A buyer found extensive water damage. The P&S didn’t address remediation. Our attorneys negotiated a $15,000 seller credit at closing.
- The Financing Delay: A buyer’s lender dragged out underwriting. Without a modified financing contingency, they would have lost their $20,000 deposit. We secured an extension and preserved the deal.
- The Seller’s Liability Trap: A seller was initially responsible for all code violations, past and present. We revised the agreement so liability was limited to their ownership period.
Each of these cases demonstrates the importance of fixing your Purchase and Sale Agreement with an attorney before it’s too late.
Why Choose Percy Law Group, PC?
At Percy Law Group, PC, we have decades of experience handling residential real estate transactions across Massachusetts. Here’s why clients trust us:
- Local Expertise: We know the unique quirks of Massachusetts law and municipal regulations.
- Proactive Problem-Solving: We don’t just react — we anticipate and prevent issues.
- Balanced Approach: We protect your interests while still working to get the deal closed smoothly.
- Commitment in 2025: As the real estate landscape evolves, we stay on top of every legal and market change.
When you hire our firm, you don’t just get a contract review — you get an advocate who fights for your best outcome.
Frequently Asked Questions
Do I need an attorney if my real estate agent provides a P&S Agreement?
Yes. Agents cannot provide legal advice or modify contracts in ways that fully protect you.
What if I’ve already signed?
It’s still worth consulting an attorney. Amendments and addenda can often be negotiated before closing.
How much does it cost?
Legal review fees are small compared to the potential losses from an unprotected deal. At Percy Law Group, PC, we offer clear, competitive pricing.
Can you help if the other party refuses to change the contract?
Yes. We negotiate on your behalf and advise whether moving forward or walking away is in your best interest.
Final Thoughts
In Massachusetts, your Purchase and Sale Agreement is the foundation of your real estate transaction. In 2025's fast-paced and competitive housing market, overlooking or misunderstanding this document can have devastating consequences.
By hiring an experienced Massachusetts real estate attorney — especially one skilled in fixing and strengthening P&S Agreements — you ensure that your deal is fair, legally compliant, and built on solid ground.
At Percy Law Group, PC, we’re committed to protecting buyers and sellers alike. Whether you’re purchasing your first home, selling a family estate, or navigating a complex negotiation, we stand ready to safeguard your investment every step of the way.
Call Percy Law Group, PC today at (508) 206-9900 or fill out our online form to schedule a consultation and make sure your Purchase and Sale Agreement works for you — not against you.