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Breach of Purchase & Sale Agreement.

We had a buyer walk away from their offer and signed P&S because her son freaked out when he found out he would not be abble to attend the H.S. he is currently attending. I believe this is a classic case of breach of contract. Do we have any re course? or dammages due?

Editor's Response

In Massachusetts, the typical purchase and sale agreement contains a liquidated damages clause, usually stipulating that the seller can retain any deposits made by the buyer in the event of a breach of the agreement by the buyer.  If your P & S does not have such a clause, you could bring a breach of contract claim and attempt to recover any damages you suffered as a result of the buyer's breach.  For more information or to post a question, visit our MA Real Estate Law Discussion Forum.  Good luck, and please tell your friends about The Forum.

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