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A liquidated damages clause in a real estate contract refers to:

Correct Answer

B) A pre-agreed amount of damages specified in the contract to be paid upon breach

Liquidated damages are a pre-agreed sum specified in the contract to be paid upon breach, typically represented by the earnest money deposit. Maine courts will enforce liquidated damages clauses if the amount is a reasonable estimate of actual damages and not a penalty.

Answer Options
A
Damages determined by a court after a breach has occurred
B
A pre-agreed amount of damages specified in the contract to be paid upon breach
C
Full compensation for all actual losses suffered by the non-breaching party
D
Damages that are prohibited in Maine residential real estate contracts

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Related Topics & Key Terms

Related Topics:

earnest-moneypre-agreedpenalty-doctrine

Key Terms:

liquidated damagespre-agreedearnest moneyreasonable
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