1. In McCarthy v. Tobin, the Massachusetts Supreme Judicial Court held that an offer to purchase which was signed by both parties, but was “subject to a purchase and sale agreement satisfactory to Buyer and Seller,”
COULD constitute a binding agreement without the purchase and sale agreement.
In McCarthy v. Tobin the Massachusetts Supreme Judicial Court relied on the intention of the parties to determine that an offer to purchase (OTP) which was signed by both parties but was “subject to a purchase and sale agreement satisfactory to Buyer and Seller” was a binding agreement.