2. DESCRIPTION. Subject to the terms and conditions hereinafter set forth, the SELLER agrees to sell and the BUYER agrees to buy the following bounded and described premises:_____________________________________________(address) as more particularly described in a Deed dated , and recorded in the ___________County Registry of Deeds in Book______Page______or Land Court Certificate__________________

This section of the contract goes to the heart of the agreement – it describes with particularity, the real estate that is being sold. Reference is made to the street address, but more importantly, to the deed that describes the boundaries of the property and any rights or obligations that go with the property. The Buyer is agreeing to this description, with all of the possible easements and restrictions described therein. The Seller is agreeing to sell all of the land described in a particular deed.

NOTE: The deed reference is a shorthand way of attaching a detailed description. The Realtor and Real Estate Attorney should look to the registry of deeds and print a copy of the deed. – Deeds in MA are given a Book and Page reference or if the land has ben registered with the land court system, it will have a certificate number

The property description paragraph is extremely important and if handled carelessly can be the root of litigation. Despite what the listing says, the description paragraph indicates that the Seller and Buyer agree that they are buying the property described in a particular deed. IT IS REALLY IMPORTANT THAT YOU LOOK TO SEE WHAT THE DEED SAYS!!! Sometimes a deed may contain more land than your client intends to sell. If there are two parcels in the deed and no exception is made in the contract, it will be difficult to argue that the Seller did not intend to sell everything that is in the deed – that is what this paragraph says – in essence, forget about the address and what was advertised; what we are selling is more particularly described in the deed – so go there for a more particular description. I have made it my practice to carefully review the deed with my clients prior to their signing the contract (you should make this your practice as well).

Here are some examples of issues I have been able to avoid or clarify prior to committing to the purchase and sale agreement:

Correct land descriptions including correct acreage and number of lots to be sold;

Learning that property is located in two cities or that there are likely multiple tax bills;

Learning about easements that affect the property;

Learning that property is subject to restrictions;

Learning that there is a shared driveway, but no rights in the deed to use said driveway!