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A buyer in Worcester, Massachusetts signs a Purchase and Sale Agreement and pays a deposit of $10,000 to the listing broker's escrow account. The seller subsequently defaults by refusing to convey the property. Under Massachusetts law, what is the buyer's most likely remedy?

Correct Answer

B) The buyer may seek specific performance to compel the seller to convey the property or sue for damages

Under Massachusetts law, when a seller defaults on a Purchase and Sale Agreement, the buyer has multiple remedies available, including seeking specific performance (a court order compelling the seller to convey the property) or suing for monetary damages. Because real property is considered unique, specific performance is a recognized equitable remedy in Massachusetts courts for breach of a real estate purchase contract.

Answer Options
A
The buyer may only recover the $10,000 deposit and has no further legal recourse against the seller
B
The buyer may seek specific performance to compel the seller to convey the property or sue for damages
C
The buyer automatically receives the property because the seller breached the contract
D
The buyer must accept a refund of the deposit and cannot pursue any additional claims

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Related Topics & Key Terms

Key Terms:

seller_defaultspecific_performancebuyer_remediespurchase_and_sale_agreementmassachusetts_contracts

Related Concepts

A counteroffer is a response to an original offer that changes one or more terms of the offer, effectively rejecting the original offer and creating a new offer. The party who makes the counteroffer becomes the new offeror.

Earnest money is a deposit made by the buyer at the time of the offer or shortly after to demonstrate good faith and serious intent to purchase the property. It is also called a good faith deposit.

Equitable title is the buyer's interest in a property after a purchase contract is signed but before closing, giving the buyer the right to acquire legal title in the future. The seller retains legal title until the deed is delivered at closing.

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