The Purchase and Sale Agreement (P&S)
After the inspection, the attorneys negotiate the P&S. This is the full contract. It usually covers:
- The larger deposit and who holds it in escrow.
- The mortgage commitment date. Miss it without an extension and you may lose your financing protection.
- Any repairs or credits agreed to after the inspection.
- Title 5 terms: who handles the inspection and any upgrade, and whether money is held back at closing.
- The smoke/CO certificate, the final walkthrough, and the condition of the home at closing.
- Title requirements and what happens if title problems come up.
- For condos: the 6(d) certificate and the condo documents.
Read it before you sign, and ask your attorney about anything you don't understand. Put every deadline on your calendar.
Who the attorneys represent
In Massachusetts, attorneys handle closings, and the roles confuse a lot of first-time buyers:
| Role | Represents | Typical job |
|---|---|---|
| Lender's closing attorney | The lender | Title exam, title insurance, preparing and recording documents, running the closing. You usually pay this fee as a closing cost, but the attorney's client is the lender. |
| Your own buyer's attorney | You | Reviews and negotiates the P&S, advises on the offer, explains deed restrictions and condo documents, looks out for your interests at closing |
| Seller's attorney | The seller | Drafts the deed, clears the seller's mortgage payoff, prepares the seller's side of the paperwork |
Some buyers hire one attorney for both the buyer and lender roles, if the attorney is approved by the lender. Ask what each attorney's fee covers.
Title insurance: the lender's policy protects the lender. An owner's policy is optional and protects you against covered title defects for as long as you own the home. Ask your attorney for the cost and what it covers.
Offer-to-keys timeline
Offer accepted
Send the offer to your lender and attorney, and schedule inspections.
Inspections and P&S
Negotiate repairs, then sign the P&S and pay the second deposit.
Loan processing and appraisal
Respond quickly to every request for documents. Don't open new credit or change jobs.
Insurance bound
Homeowners insurance, and flood insurance if required, must be in place before closing.
Closing Disclosure
Under federal rules, you receive the Closing Disclosure at least three business days before closing. Compare it to your Loan Estimate.
Final walkthrough
Make sure agreed repairs are done, systems work, and the home is in the condition promised.
Closing and recording
You sign, the deed and mortgage are recorded at the Barnstable County Registry of Deeds, and you get the keys.
Criminals send fake "updated wiring instructions" by email. Before wiring any money, call your attorney's office at a phone number you already know is real. Never use a number from the email. Wiring instructions rarely change at the last minute.
Closing costs
Your Loan Estimate and Closing Disclosure list the actual figures. Typical buyer-side categories:
- Lender fees: origination, underwriting, appraisal, credit report, and any points.
- Title and attorney: lender's attorney fee, title exam, lender's title policy, optional owner's policy, and your own attorney.
- Government fees: recording the deed and mortgage at the Registry.
- Prepaids and escrow: first-year homeowners and flood premiums, prorated property taxes, and the initial escrow deposit.
- Condo or HOA fees: prorated dues, and sometimes a working-capital contribution.
- Adjustments: heating oil left in the tank (often credited to the seller), and taxes and water bills prorated between buyer and seller.
In Massachusetts, the seller customarily pays the state deed excise tax. Down payment assistance and seller credits can reduce your cash to close, within program limits. See Lesson 4.
Homestead declaration
Massachusetts homestead law protects some of your home's equity from certain creditors. Per the Barnstable County Registry of Deeds and the Secretary of the Commonwealth's homestead guide:
- An automatic homestead protection of $125,000 applies to your principal residence. You don't have to file anything.
- A declared homestead of up to $500,000 is available if you record a declaration at the Registry of Deeds.
- Many closing attorneys prepare the declaration at closing. There's a recording fee.
- There are exceptions. For example, a homestead doesn't protect against your mortgage lender. Ask your attorney whether to record one and how it applies to you.
Residential tax exemption (in some towns)
Massachusetts lets towns adopt a residential exemption. It shifts part of the tax burden away from year-round, owner-occupied primary residences and onto other residential property, such as second homes. On the Cape, the towns that have adopted it include Barnstable, Mashpee, Provincetown, Truro, and Wellfleet, according to Truro's FY2026 tax classification presentation. Each town votes on the percentage every year, and other towns may consider it.
- It's not automatic for a new owner. You usually have to apply to the town assessor by a set deadline, with proof that it's your primary residence.
- Your first eligible tax year depends on when you bought and the town's rules. Check with the assessor right after closing.
- For first-time buyers in towns that offer it, the exemption can lower the tax bill a lot. Factor it into your budget only once you've confirmed it.
Look for other exemptions too. Massachusetts offers personal exemptions for some veterans, seniors, and others. Ask the assessor's office, and see the VA guide for veteran-related items.
First-year Cape maintenance
Your first year sets the routine. Here's a calendar to start with. Adjust it based on your inspection report.
| When | Task |
|---|---|
| Right after closing | Change locks. Find the main water shutoff, electrical panel, and septic cover. Set up oil or propane delivery. Apply for the residential exemption if your town has one. Record your homestead if you haven't already. |
| Fall | Service the heating system. Clean gutters. Disconnect hoses and shut off outdoor spigots. Check storm supplies and the generator. Trim branches over the roof. |
| Winter | If you'll be away, consider low-temperature and water-leak alarms and keep the heat set high enough to protect the pipes. If the home is seasonal, have it winterized properly. Keep snow off the septic vents and know where the tank cover is. |
| Spring | Look for winter storm damage. Wash salt film off siding and windows. Check the outdoor HVAC units for corrosion. Check decks and railings. |
| Summer | Inspect and treat for pests. Check exterior trim and caulking. Schedule painting. Take care of the yard without overloading the septic area. |
| On a schedule | Pump the septic regularly. Ask your Title 5 inspector or septic pumper how often, based on your tank size and how many people live there. Keep the receipts, since pumping records can matter when you sell. Test well water periodically. |
Don't drive or park on the leach field, plant trees over it, or flush wipes and grease. Spread out laundry loads. A well-maintained system lasts longer and is more likely to pass the Title 5 inspection when you sell. See wastewater.
The P&S deadlines matter, especially the mortgage commitment date. The lender's attorney represents the lender, so consider your own attorney. Compare your Closing Disclosure to your Loan Estimate, and verify wiring instructions by phone. A $125,000 homestead protection is automatic, and you can record a declaration for more. If your town offers a residential exemption, you usually have to apply for it. Salt air and septic systems need a regular maintenance routine.
Lesson checklist
- Every P&S deadline is on my calendar.
- I know who my attorney is and what they're doing for me.
- I've compared my Closing Disclosure with my Loan Estimate.
- I've verified wiring instructions by phone.
- I've asked about a homestead declaration and the residential exemption.
- I've set up a first-year maintenance calendar and a septic pumping schedule.
← Lesson 7
Inspections and due diligence.
Review Lesson 7 →You finished the Academy
Go back to the course home for the programs table and next steps.
Academy home →You've finished the course. Ready to buy?
Call or text Sherman at 508-534-3425 to put this plan to work.