Massachusetts Contracts
Practice Questions & Answers (2026)

Contract law questions on the Massachusetts real estate exam test both general contract principles and Massachusetts-specific transaction requirements. The Massachusetts Board of Registration of Real Estate Brokers and Salespersons tests how Massachusetts contract law applies to purchase agreements, counteroffers, contingencies, and earnest money disputes. Pay close attention to offer and acceptance mechanics, how counteroffers extinguish prior offers, and the specific timelines under Massachusetts law for earnest money handling and contingency resolution. These are areas where candidates who studied nationally often apply the right concept but the wrong MA-specific timeframe or rule.

Practice Questions

Massachusetts Contracts — Practice Questions & Answers

181 questions on Contracts from the Massachusetts real estate question bank. First 10 are free — sign up to unlock all 181.

Q1. In Massachusetts, a real estate purchase and sale agreement is typically executed:

A.Simultaneously with the offer to purchase
B.After acceptance of the offer to purchase and before closing
C.Only at the closing table
D.Before the home inspection

Explanation

Massachusetts real estate practice commonly uses a two-step process: first an Offer to Purchase, then a more formal Purchase and Sale Agreement (P&S) is executed after the offer is accepted and due diligence is completed.

Q2. Which of the following is NOT a required element of a valid real estate contract in Massachusetts?

A.Competent parties
B.Consideration
C.Written form for all contracts
D.Mutual assent (offer and acceptance)

Explanation

While real estate contracts must generally be in writing under the Statute of Frauds to be enforceable, 'written form for all contracts' is not a required element of contract validity itself — it is an enforceability requirement. The four elements of a valid contract are competent parties, consideration, mutual assent, and lawful purpose.

Q3. A buyer makes an offer with an inspection contingency. The inspection reveals a cracked foundation. The buyer wants to withdraw. Under the contingency:

A.The buyer forfeits the deposit
B.The buyer may withdraw and receive the deposit back
C.The seller must make repairs
D.The broker retains the deposit as commission

Explanation

An inspection contingency allows the buyer to withdraw from the contract and receive the deposit back if the inspection reveals unsatisfactory conditions, provided the buyer acts within the contingency period.

Q4. Under the Massachusetts Statute of Frauds, a contract for the sale of real estate must be:

A.Notarized to be enforceable
B.In writing and signed by the party to be charged
C.Filed with the Registry of Deeds
D.Witnessed by two parties

Explanation

The Statute of Frauds requires that contracts for the sale of real estate be in writing and signed by the party against whom enforcement is sought.

Q5. A listing agreement in Massachusetts is best described as:

A.A unilateral contract where only the seller makes promises
B.A bilateral contract where both broker and seller make promises
C.A void contract because commission is not guaranteed
D.An option contract giving the broker the right to purchase

Explanation

A listing agreement is a bilateral contract: the seller promises to pay a commission if the broker procures a ready, willing, and able buyer, and the broker promises to use due diligence to find such a buyer.

Q6. An 'as-is' clause in a Massachusetts purchase and sale agreement means:

A.The seller warrants the property is in perfect condition
B.The buyer accepts the property in its current condition and waives all repair requests
C.The seller has no duty to disclose known defects
D.The buyer cannot conduct inspections

Explanation

An 'as-is' clause means the buyer accepts the property in its existing condition. However, the seller still has a duty to disclose known material defects, and the buyer generally retains the right to inspect.

Q7. In Massachusetts, the Purchase and Sale Agreement (P&S) typically contains all of the following EXCEPT:

A.Purchase price
B.Closing date
C.Mortgage contingency clause
D.Zoning classification of the property

Explanation

A standard P&S includes the purchase price, closing date, mortgage contingency, deposit terms, and other transaction details. Zoning classification is not typically a standard P&S provision.

Q8. A mortgage contingency in a Massachusetts P&S protects the buyer by:

A.Guaranteeing the buyer will get a loan at any rate
B.Allowing the buyer to cancel and recover the deposit if financing is not obtained
C.Requiring the seller to provide financing
D.Capping the interest rate at the time of signing

Explanation

A mortgage contingency allows the buyer to void the contract and receive their deposit back if they are unable to obtain a mortgage commitment under the specified terms by the contingency deadline.

Q9. An option contract in Massachusetts gives the optionee the:

A.Obligation to purchase the property
B.Right but not the obligation to purchase at a specified price within a set time
C.First right of refusal on any future sale
D.Right to lease the property for a fixed term

Explanation

An option contract gives the optionee the right (but not the obligation) to purchase the property at an agreed price within a specified time period. The optionor is bound; the optionee is not.

Q10. If a buyer defaults on a Massachusetts P&S, the seller's typical remedy is:

A.Sue for damages in excess of the deposit
B.Retain the deposit as liquidated damages as specified in the P&S
C.Immediately relist the property without recourse
D.Seek punitive damages in Superior Court

Explanation

Most Massachusetts P&S agreements contain a liquidated damages clause specifying that if the buyer defaults, the seller retains the deposit as the agreed remedy, unless the parties specifically negotiate other remedies.

Q11. The term 'time is of the essence' in a Massachusetts real estate contract means:

A.The parties should try to close as soon as possible
B.Deadlines in the contract are strict and a failure to perform on time constitutes a breach
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