Under Massachusetts law, the owner of a dwelling built before 1978 must remove lead when a child under the age of six lives on the site. The buyer has the right to examine the property for the presence of lead, but the seller does not have to remove it. The contract of purchase and sale may contain a provision relating to the buyer`s right to examine the presence of lead on the immovable property and all possible remedies for the costs of removing it, including the right of termination, if the distance charges exceed a certain amount. The possible mortgage clause is a critical part of the purchase and sale contract. It indicates the amount of the mortgage loan that the buyer must request and secure to buy the property. It also indicates the date on which the buyer must obtain the mortgage. If the buyer cannot obtain a mortgage before the specified deadline, he can cancel the agreement and get a refund of the money he has already invested for the property. At first glance, the purchase and sale agreement, like most legal documents, can be difficult to read and understand. The best way to understand is to divide the document into several sections.
Second, the contract of purchase and sale deals with the ownership of the property and the deed. It defines the framework for a transfer (a real estate transfer) in Massachusetts. The agreement states that the seller passes the deed to the buyer for payment, then the deed is registered and the buyer becomes the owner of the property. In Massachusetts, however, once the deed is registered in the correct product registry, then all title issues are “run with the country.” Therefore, the new owner becomes responsible for any outstanding charges or instructions that have not been properly discharged. To protect the buyer, the sales contract provides that the seller must provide “quality, clear and marketable” securities. As the buyer`s or lender`s attorney, or both, TitleHub`s attorneys will verify the title exam and work with the seller`s attorney to resolve any title issues, so the buyer will get title certification and title insurance policy from the owner. one. The seller`s responsibility to provide a certificate of smoke and carbon monoxide detectors approved in accordance with the legislation in force at closing 2. The standard P&S has a provision that gives the seller 30 days beyond the scheduled closing date to resolve a title issue that may arise before closing. Without additional language added to the P&S agreement limiting the seller`s ability to extend the closing date, the seller could extend the closing date beyond the date of setting the buyer`s interest rates, which could lead the buyer to pay a higher interest rate or no longer qualify for the loan and risk the loss of its down payment.
In addition, the date can be extended beyond the expiration date of a home buyer`s loan commitment. 11. Extension to Perfect Title or Make Seller Premises Conform Massachusetts is a precautionary buyer or “reserve state,” meaning that buyer assumes responsibility for undisclosed property damage or defects. . . .