An owner signed a contract to sell an apartment building. Just before closing, the owner informed the buyers that the owner would NOT sell the…

The lawsuit would be for specific performance. This is an equitable remedy in contract law where a court orders a party to perform the specific obligations outlined in a contract. Because every parcel of real estate is considered unique, monetary damages are generally not an adequate remedy for a buyer when a seller breaches a purchase and sale agreement. Therefore, the buyer can sue to compel the seller to go through with the sale and transfer title to the property as originally agreed.

B. lis pendens: This is a recorded legal notice that a lawsuit is pending which affects the title to a specific property; it is not the lawsuit itself.

C. quiet title action: This type of lawsuit is used to resolve conflicting claims of ownership or to clear a cloud on a property's title, not to enforce a sales contract.

D. a deficiency judgment: This is a court order against a borrower when a foreclosure sale of a property does not generate enough money to cover the outstanding mortgage debt.

1. Massachusetts General Laws, Chapter 214, Section 1A: This statute explicitly grants the supreme judicial and superior courts jurisdiction to enforce by specific performance written agreements for the conveyance of real estate. It states, "The supreme judicial and superior courts shall have jurisdiction in equity to enforce specifically the performance of any written agreement for the conveyance of real estate..."

2. Eno, A. L., & Hovey, W. V. (2004). Massachusetts Practice Series, Vol. 28: Real Estate Law with Forms (4th ed.). Thomson/West. In Section 9.16, "Specific Performance," the text explains, "The most common remedy sought by a buyer when the seller refuses to convey is a complaint for specific performance... Because land is considered unique, the buyer is entitled to the specific land that was the subject of the agreement."

3. Restatement (Second) of Contracts § 360 (1981). Comment e, "Contracts for the sale of land," states: "Contracts for the sale of land have traditionally been accorded a special place in the law of specific performance... a specific tract of land has long been regarded as unique and impossible of duplication by the use of any amount of money." This principle is fundamental to property law taught in university law courses.