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Purchase and sale form for MA and contingency clauses

Thanks for your answer recently about putting contingency clauses in the Purchase and Sale. I think I know the answer to this (based on what you said), but can I assume that it doesn't really matter what is on the form Purchase and Sale agreement, I can cross out and change language to protect myself as i see fit?

Editor's Response

Of course.  Remember, we live in an age where documents can be stored on a computer, altered, and then printed.  What you are handed by a buyer or seller may look like a form, but it may, in fact, be a document written by the other party's attorney, with many clauses tilting in their favor.  That is why I always recommend having an attorney review the Purchase and Sale Agreement or an Offer to Purchase (regardless of whether you are the buyer or the seller), BEFORE you sign.

But to answer your question directly, the Purchase and Sale Agreement is a contract.  Like any contract, if you can get the other party to agree to the clause you desire (or if they fail to read the contract before signing) you will have the language you desire or need.  (Of course, some language, like the provisions dealing with smoke and carbon monoxide inspection, must remain.) If you are, in fact, using a form provided by the real estate agent, there is usually an area toward the end of the document where you can write in additional terms.  Similarly, you can alter a term with a pen and get the other party to initial the change.  For more general information, visit our Massachusetts Real Estate Law Discussion Forum. Good luck.  

 

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