This paragraph of the Massachusetts Offer to Purchase outlines the date, time, and place where the closing will occur. It also sets expectations for what must happen at the closing for the deal to be complete.
In Plain English:
The “Closing” is the final step in your real estate transaction. It’s when:
- The Buyer pays the remaining balance
- The Seller delivers the deed
- Ownership of the property is officially transferred
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This paragraph in the Offer specifies:
- The exact date and time of the closing
- The location of the closing—usually at the Buyer’s attorney’s office
- That the Seller must deliver a good and clear record and marketable title (this means there are no legal issues that would prevent the Buyer from exclusively using the property and selling the property in the future)
Attorney's Note:
As a Massachusetts closing attorney, I know how important it is for Buyers and Sellers to understand what the word “closing” really means. It's not just a handshake—it’s a legal transfer of ownership, and title must be clear for the sale to proceed. All adjustments for water, sewer, taxes, fuel, HOA fees, transfer of other rights, removal of Seller liens, mortgages and obligations and the new Buyer’s assumption of such obligations must be made to the penny to the day.
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This is why your real estate attorney will confirm that the Seller has fulfilled all obligations under the contract including:
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Seller has delivered the property in the agreed upon physical condition.
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Municipal, HOA, and other transferred contracts have been adjusted to the day so that the Buyer pays none of the Seller's obligations.
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Seller has provided clear insurable and marketable title, i.e., with no liens or mortgages.
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Most residential closings take place at the Buyer’s attorney’s office unless both parties are meeting at the registry of deeds (this is rare).
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In practice the closing will take place over the course of many hours with certain events taking place out of order. Give yourself the entire day to complete the transaction and transfer utilities/opening the home and moving.
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In Massachusetts the following steps typically occur on the closing day and must be planned for including drive time!
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Buyer obtains a “bank check” from the bank (no personal checks) for their portion of the downpayment and closing costs.
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Buyer completes a thorough walkthrough of the property before meeting with the attorney to sign documents (turn on all the lights, run the water and all appliances, look for moveout damage/weather damage or items/trash left behind by Seller.
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Buyer meets with attorney to sign documents (Buyer must have valid photo identification (driver’s license or passport)
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Buyer’s attorney meets with Seller’s attorney to exchange documents and sign additional paperwork.
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Buyer’s attorney records the deed and other closing documents at the registry of deeds.
Disclaimer: The information provided in this [video/website] is for general informational purposes only, and does not constitute legal advice. You should not rely on this information as a substitute for professional legal counsel. Consult with a qualified attorney for advice regarding your specific legal situation