The offer usually contains an outline of the essential elements of the deal, while the "P&S" spells out all the terms and conditions in detail. However, under most circumstances the Offer can be a binding contract that obligates both parties to proceed with the transaction.

The "P&S" is typically based on the pre-printed form published by the Berkshire County Board of Realtors, and contains standard language covering the most common items of concern to both parties. Based on their negotiations, the Buyer and Seller may modify the text of this document and add riders to cover special situations. Our Law Offices can accomplish the amendments in such a way as to not unnecessarily burden either party while vigorously representing our clients' interests.

1. Due Diligence: The Buyer should conduct a review of the property using several available resources. The Law Offices can assist in the Buyer's research.
2. Inspections: Depending on the terms of the Offer and the "P&S", the Buyer will normally have a qualified home inspector visit the property. Usually there will be some contingencies in the "P&S" that deal with defects that may be discovered by the inspection.
3. Financing: If the Buyer is financing the purchase, the Buyer should carefully monitor the financing application process to ensure that timelines specified in the "P&S" are met, and prepare to negotiate conditions that meet the Lender's requirements.
4. Condominiums: If the property is a condominium, the Buyer should review the basic condominium documents (master deed and by-laws) and financial statements.
5. Walk-through. The Buyer should conduct a final inspection (usually referred to as a "walk through") of the property to verify that it is in the same condition as when the Buyer signed the "P&S" and that any required repairs have been completed.
6. New Construction: The Buyer should expect possible additional legal fees due to reviewing the legal matters concerning new construction. The Buyer should also anticipate the possibility of delays in the closing date due to factors that may be out of the control of the Seller.
7. Title: The attorney for the Buyer or the Lender will conduct a complete title search to determine if there are any restrictions on the property or any defects in the title. The P&S will normally contain a clause that specifies what happens if there are defects in the title.
8. Title Insurance: The Buyer's Lender will require a title insurance policy that insures the Lender against title defects. The Buyer will also have the option of purchasing a title insurance policy that protects the owner. The Law Offices can provide both Lender and Owner title insurance.
9. Deed: The attorney for the Seller will prepare a deed conveying the property to the Buyer. The attorney for the Buyer will advise the Buyer on how the Buyer should take title to the property. For example, a married couple may wish to take title as tenants by the Entirety, a special form of ownership available only to spouses.
10. Homestead: Massachusetts law provides for protection of part of the value of your home from creditors on filing of a Declaration of Homestead. Our Law Offices to prepare a Homestead Declaration.

1. Deed: The attorney for the Seller will prepare a deed conveying the property to the Buyer in the form of ownership selected by the Buyer.
2. Municipal Lien Certificate. This is a certificate from the Collector of the City of Town showing any taxes or water/sewer liens due on the property.
3. Septic: If applicable, inspect the septic system and obtain a Title 5 Certificate.
4. Hazardous materials: Determine whether any underground oil tanks (or other hazardous materials) are located on the property, and take appropriate corrective action or disclosure.
5. Prior Mortgages: Make a list of any existing mortgages to be paid off at closing, including full name of the current lending institutions and the account numbers.
6. Real Estate Taxes: These will normally be pro-rated at closing. It is helpful to have the most recent tax bill.
7. Water & Sewer bills: Obtain municipal utility bills and final readings before Closing.
8. Oil Bills: Obtain a final bill for any fuel oil.
9. Power of Attorney: You are not required to attend the closing; you can designate someone to sign required documents under a Power of Attorney. Our Law Offices can arrange the details.
10. Smoke Detector: You must bring to closing a current smoke-detector compliance certificate from the fire department. The Broker normally obtains this.
11. Repairs: Complete any required repairs that were listed in the P&S.
12. Condominiums: Arrange for the condominium trustees to execute a 6(d) Certificate and provide a certificate of insurance.

1. A certificate of home owner's insurance, including proof of having paid the first year's premium
2. Bank check or other certified funds for the amount due (you will be given an estimate before closing)
3. Personal check book (to cover any small additional amounts that were not included in the estimate
4. Picture identification

1. Deed
2. Smoke detector certificate
3. Municipal Lien Certificate
4. Picture identification
5. 6(d) Certificate and insurance certificate (if condominium)
6. Keys