Under Massachusetts law, a buyer and seller have a fully executed purchase and sale agreement. The seller decides to accept a higher offer from another buyer and refuses to proceed with the original buyer. The original buyer wants to prevent the seller from conveying the property to the new buyer while the lawsuit is pending. Which legal tool is most appropriate for the original buyer to use?
Correct Answer
A) Filing a lis pendens with the Registry of Deeds to provide constructive notice of the pending litigation and cloud the seller's title
Under Massachusetts law, a lis pendens (notice of pending litigation) is the appropriate tool for a buyer to file with the Registry of Deeds when suing a seller for breach of a purchase and sale agreement. A lis pendens provides constructive notice to the world that there is pending litigation affecting the property's title. This clouds the title and makes it extremely difficult for the seller to convey clear title to a third party while the lawsuit is pending, effectively protecting the buyer's equitable interest in the property.
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