When a seller breaches a Massachusetts purchase and sale agreement by refusing to convey the property, which of the following is NOT a remedy available to the aggrieved buyer under Massachusetts law?
Correct Answer
D) Automatically voiding the seller's title and recording the buyer's ownership interest at the Registry of Deeds without a court order
Option D is NOT an available remedy under Massachusetts law and is therefore the correct answer to this NOT question. A buyer cannot automatically void the seller's title or unilaterally record an ownership interest at the Registry of Deeds without a court order. Under Massachusetts law (MGL Chapter 183, race-notice recording statute), title transfers require a valid deed executed and delivered by the seller, or a court judgment. A buyer cannot self-help their way into title by recording a claim without legal process.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
A financing contingency makes the purchase contract conditional upon the buyer obtaining mortgage approval within a specified time period. If the buyer cannot secure financing, they can cancel the contract and receive their earnest money back.
An inspection contingency gives the buyer the right to have the property professionally inspected within a specified time frame and to negotiate repairs or cancel the contract based on the findings.
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