What this guide will give you
Your actual contract controls. Mary, your lender and your closing professionals will explain the requirements for the specific property and transaction.
Educational information only. Your signed agreements and advice from your attorney, lender, tax adviser, inspector and other licensed professionals control your specific transaction.
01Agency and buyer agreements
Both states require clarity about agency relationships, but the forms and customary practices differ. Understand representation and compensation before sharing confidential strategy or touring under an agreement.
What to do
- Review who represents the buyer, seller or both parties in a permitted limited role.
- Read the term, geographic scope, compensation and termination language of any buyer agreement.
- Ask how open houses, unrepresented sellers and in-house listings are handled.
Questions worth asking
- Who owes me fiduciary duties?
- Could I owe compensation that is not paid through the transaction?
- What changes if the same brokerage is involved on both sides?
From offer to binding contract
Massachusetts commonly uses a shorter offer followed by a more detailed Purchase and Sale Agreement. New Hampshire commonly begins with a Purchase and Sales Agreement. The label matters less than understanding when you become bound and what deadlines start.
What to do
- Treat any signed offer or agreement as legally significant.
- Confirm attorney-review expectations and timing before signing.
- Put contingencies, included items, credits and special promises in writing.
Questions worth asking
- When does this become binding?
- Will another contract follow?
- Who drafts or reviews the final language?
Deposits and funds
Deposit timing, amounts, escrow handling and release procedures depend on the agreement and local practice. Never assume money is refundable simply because the transaction has not closed.
What to do
- Confirm each deposit amount, due date, holder and payment method.
- Understand which contingencies protect the deposit and how notice must be given.
- Verify all wire instructions independently using a trusted phone number.
Questions worth asking
- When could the deposit become nonrefundable or disputed?
- Who holds it and what authorizes release?
- Can I use a check or other safer method?
Inspection and property systems
Inspection rights come from the contract. Property-specific needs may include private septic, well water, radon, oil tanks, chimneys, condominium review or municipal records in either state.
What to do
- Choose inspection scope before the deadline clock starts.
- Confirm who is responsible for state- or locally required septic evaluation or documentation.
- Research permits, zoning, flood/wetland information and intended future use.
- Use specialists when a standard inspection cannot answer the question.
Questions worth asking
- What inspections are allowed and by what deadline?
- What property systems require separate testing?
- What remedy does the contract provide if a concern is found?
Attorneys, title and closing
Closing roles and customs vary. A lender may select or coordinate certain services, but buyers should know who represents the lender, who protects the buyer’s legal interests and who is handling title and settlement.
What to do
- Identify the closing/title professional and whether you need separate legal counsel.
- Review title issues, easements, restrictions and owner’s title insurance options.
- Confirm signing location, identification, certified-fund and recording requirements.
Questions worth asking
- Who represents me personally?
- Who is examining title and resolving defects?
- When do I receive possession and keys?
Taxes and ongoing ownership cost
New Hampshire has no broad state sales or earned-income tax, but property taxes are a major ownership cost. Massachusetts and New Hampshire municipalities use different rates, billing cycles and assessments. Compare the actual property—not slogans about either state.
What to do
- Use the current tax bill and assessment, then ask how and when bills are issued.
- Estimate insurance, utilities, private-system maintenance and association fees.
- Do not assume the seller’s tax or insurance cost will be yours.
- Consult a tax professional about personal income or residency consequences.
Questions worth asking
- Could the assessment or tax bill change after sale?
- Are there exemptions, current-use status or special assessments?
- What maintenance costs come with well, septic, propane, oil or private roads?
Condominiums and associations
In either state, the unit is only part of the purchase. The association’s documents, finances, insurance, reserves, restrictions and pending projects can materially affect ownership.
What to do
- Review governing documents, current budget, reserves, insurance and recent meeting records.
- Confirm fees, special assessments, litigation and major planned work.
- Verify rules for pets, rentals, parking, renovations and use.
Questions worth asking
- Is the association financially prepared for major repairs?
- What is the master policy deductible?
- Are there restrictions that conflict with my plans or financing?
Build a state-specific deadline sheet
The safest approach is a written timeline based on the signed agreement, not memory from a prior transaction in the other state.
What to do
- Record deposits, inspection, contract, financing, appraisal, title and closing dates.
- Name who owns each task and how notice must be delivered.
- Update the timeline if an extension or amendment is signed.
- Communicate urgent decisions directly; do not rely only on a portal reminder.
Questions worth asking
- Which date is next and what must be completed—not merely started?
- Who must receive written notice?
- What happens if a deadline is missed?
