Real Estate · Contracts

What is 'liquidated damages' in a real estate contract?

Correct answer

A pre-agreed amount of damages that the non-breaching party can claim if the other party defaults — commonly the buyer's earnest money

  1. A Cash payment to the agent for closing the sale
  2. B A pre-agreed amount of damages that the non-breaching party can claim if the other party defaults — commonly the buyer's earnest money
  3. C The cost of repairs needed before closing
  4. D Damages awarded after a lengthy court trial

Why this is the answer

A liquidated damages clause in a contract specifies, in advance, the amount of damages the non-breaching party may claim if the other party defaults. In residential real estate, the most common form is that the seller may keep the buyer's earnest money as liquidated damages if the buyer defaults. The advantage is certainty — both parties know up front what is at stake. To be enforceable, the agreed amount must be a reasonable estimate of likely damages (not so large that it is punitive); courts will not enforce liquidated damages clauses that look like penalties. The buyer typically gives up the right to be sued for additional damages by agreeing to the cap. Liquidated damages are different from actual damages, which require proof of loss.
Source: Real Estate Principles, Liquidated Damages

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