Real Estate · Contracts

In a real estate sales contract, what is 'liquidated damages'?

Correct answer

A predetermined amount (often the earnest money deposit) that the seller may keep if the buyer defaults, agreed upon in advance as compensation, avoiding the need to prove actual damages in court

  1. A Cash the buyer receives at closing
  2. B A predetermined amount (often the earnest money deposit) that the seller may keep if the buyer defaults, agreed upon in advance as compensation, avoiding the need to prove actual damages in court
  3. C The agent's commission
  4. D The property's appraised value

Why this is the answer

LIQUIDATED DAMAGES: An amount agreed upon IN ADVANCE in the contract as the compensation a party will receive if the other party breaches/defaults — avoiding the need to prove actual damages later. IN REAL ESTATE: Commonly, if the BUYER defaults (backs out without a valid contingency), the SELLER may keep the EARNEST MONEY DEPOSIT as liquidated damages; the contract specifies this remedy; PURPOSE: Provides certainty and avoids litigation over actual damages; the amount must be a reasonable estimate of potential damages (not a penalty — courts may not enforce amounts that are punitive rather than compensatory); EARNEST MONEY: The deposit the buyer puts down to show good faith; if the buyer defaults, it may be forfeited as liquidated damages; if the buyer cancels under a valid contingency (financing, inspection, appraisal), they typically get it back; OTHER REMEDIES for breach: specific performance (court orders completion of the sale), actual damages, rescission; liquidated damages is a key contract remedy concept on the national exam — a pre-agreed sum (often earnest money) that compensates without proving actual loss.
Source: Real Estate National — Contracts, Liquidated Damages

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