Contracts
Under Massachusetts law, a real estate contract based on mutual mistake of material fact is:
AValid and fully enforceable
BVoidable by either party✓ Correct
CVoid ab initio
DEnforceable only against the party who made the mistake
Explanation
When both parties to a Massachusetts real estate contract are mistaken about a material fact, the contract is voidable — either party may seek rescission. The mistake must be mutual (both parties share the same mistaken belief) and material to the agreement.
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