Contracts
Under Massachusetts property law, if a buyer and seller form a binding P&S for a property that the seller does not actually own, the contract is:
AVoid because the seller has no title to convey
BVoidable at the buyer's option✓ Correct
CValid but subject to the seller acquiring title before closing
DEnforceable if the seller obtains title within 30 days
Explanation
A contract to sell property the seller does not own is voidable at the buyer's option. If the seller can acquire clear title before the closing date, the buyer may proceed—but if not, the buyer can cancel and recover their deposit.
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