If a seller defaults in performance of a contract, any of the following actions would be likely to help the buyer recover any losses EXCEPT

The Massachusetts Board of Registration of Real Estate Brokers and Salespersons (often referred to as the Real Estate Commission) is a state licensing and regulatory body. Its primary function is to govern the professional conduct of real estate licensees, investigate complaints against them, and impose disciplinary sanctions for violations of license law. The Board does not have the legal authority to adjudicate contractual disputes between buyers and sellers, compel performance of a contract, or award monetary damages. Therefore, filing a complaint with the Board would not be a direct or effective action for a buyer seeking to recover losses from a seller's default.

A. suing the seller for specific performance. This is incorrect because specific performance is a valid equitable remedy where a court orders the defaulting seller to complete the sale as agreed, which directly addresses the buyer's loss of the property.

C. canceling the contract and recovering the earnest money. This is incorrect because rescinding the contract and demanding the return of the earnest money deposit is a standard contractual remedy for a buyer when a seller breaches the agreement.

D. bringing an action against the seller for payment of compensatory damages. This is incorrect because suing for compensatory damages is a valid legal remedy to recover financial losses the buyer incurred as a direct result of the seller's default (e.g., inspection fees, appraisal costs).

1. Massachusetts General Laws, Chapter 112, Section 87AAA. This statute outlines the grounds for suspension, revocation, or refusal to renew a real estate license. The enumerated violations relate to the conduct of the licensee (e.g., misrepresentation, undisclosed dual agency), not the enforcement of contractual obligations between principals. The statute does not grant the Board power to award damages or enforce specific performance in a private contract.

2. Downer, J. W. (2018). Real Estate Contracts. In Crocker’s Notes on Common Forms (11th ed., Vol. 1, Chapter 15, § 15.21 Buyer’s Remedies). MCLE, Inc. This legal treatise, used in Massachusetts legal education, explicitly details the buyer's remedies for a seller's breach, which include: (1) rescission and recovery of the deposit, (2) an action for damages, and (3) a suit for specific performance. It makes no mention of the Board of Registration as a venue for resolving such disputes.

3. Barron, M. L. (2012). Methods of Terminating a Contract. In Massachusetts Real Estate Law (pp. 129-131). Cengage Learning. University-level texts on Massachusetts real estate law confirm that when a breach occurs, the non-breaching party's remedies are found in contract law, such as suing for damages or specific performance, or rescinding the contract. The role of regulatory boards is confined to license law enforcement.