Under Massachusetts law, when a buyer defaults on a purchase and sale agreement and the seller retains the deposit as liquidated damages, what is the legal effect on the seller's right to pursue additional remedies?
Correct Answer
A) The seller's retention of the deposit as liquidated damages is the exclusive remedy, barring further claims against the defaulting buyer.
Under Massachusetts contract law, when a purchase and sale agreement contains a valid liquidated damages clause and the seller elects to retain the deposit as liquidated damages upon buyer default, that election serves as the exclusive remedy. The seller cannot simultaneously retain the deposit as liquidated damages and pursue additional monetary damages or specific performance — electing liquidated damages forecloses other remedies.
Why This Is the Correct Answer
Why the Other Options Are Wrong
Deep Analysis of This Contracts Question
Background Knowledge for Contracts
Real World Application in Contracts
Common Mistakes to Avoid on Contracts Questions
Related Topics & Key Terms
Key Terms:
More Contracts Questions
Under Indiana's Statute of Frauds, real estate contracts must be:
In June 2026, Riley Monroe receives a counteroffer and asks what generally happens to the original offer. What is the most accurate answer under current Illinois rules?
Earnest money (down payment) in NY is typically held by:
A contract formed for an illegal purpose is considered:
Specific performance in North Dakota:
- → In a real estate contract, liquidated damages refers to damages that are:
- → Sawyer Iverson is reviewing an Illinois issue in Joliet. The person assumes that attorney review automatically replaces every inspection, appraisal, or financing deadline in a standard Illinois residential contract. Which statement best applies?
- → Avery Jenkins is reviewing an Illinois issue in Normal. The person asks what happens if neither attorney sends a disapproval or proposed change during the standard review period. Which statement best applies?
- → Which statement best describes the significance of flood zone disclosure in Arkansas real estate transactions?
- → Liquidated damages in a real estate contract refer to:
- → Earnest money in West Virginia must be:
- → A bilateral contract in real estate is best described as:
- → A contract where one party uses threats to force the other party to sign is considered:
- → Washington's standard real estate forms are provided by:
- → In Massachusetts, the purchase and sale agreement is typically signed: