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ContractsBreach_and_remediesEASY

A seller in Springfield, Massachusetts breaches a purchase and sale agreement by refusing to convey the property to the buyer without legal justification. The buyer wants to compel the seller to complete the transaction. Which remedy is available to the buyer under Massachusetts law that would require the seller to actually transfer the property?

Correct Answer

C) Specific performance, because real property is considered unique and monetary damages may be inadequate

Under Massachusetts law, a buyer may seek specific performance when a seller wrongfully refuses to convey real property. Courts of equity grant specific performance in real estate cases because each parcel of real property is considered legally unique, meaning monetary damages are presumed to be an inadequate substitute. Specific performance is a well-recognized remedy available to aggrieved buyers in Massachusetts Superior Court.

Answer Options
A
Compensatory damages equal to the difference between the contract price and the fair market value of the property
B
Rescission of the contract and return of the earnest money deposit with accrued interest
C
Specific performance, because real property is considered unique and monetary damages may be inadequate
D
Liquidated damages equal to double the earnest money deposit as provided under Massachusetts statute

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Related Topics & Key Terms

Key Terms:

specific_performanceseller_breachbuyer_remedyunique_property
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