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A buyer in Sacramento submits an offer on a $500,000 home using the C.A.R. Residential Purchase Agreement (RPA). The buyer's agent explains the liquidated damages clause. Under California Civil Code §1675, what is the maximum amount of liquidated damages the seller may retain if the buyer defaults on a residential property of one-to-four units?

Correct Answer

D) 3% of the purchase price

Under California Civil Code §1675, liquidated damages in a residential real estate transaction (one-to-four dwelling units) are presumed valid when they do not exceed 3% of the purchase price. In this case, the maximum would be $15,000 (3% of $500,000).

Answer Options
A
1% of the purchase price
B
5% of the purchase price
C
The full earnest money deposit regardless of its size
D
3% of the purchase price

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Related Topics & Key Terms

Key Terms:

liquidated_damagesCivil_Code_16753_percent_capRPA

Related Concepts

The Statute of Frauds is a legal requirement that certain types of contracts must be in writing and signed to be enforceable. In real estate, all contracts for the sale of land or interests in land must be in writing.

A time is of the essence clause in a contract means that all deadlines and dates specified in the agreement are strictly enforceable, and failure to meet them constitutes a material breach.

An appraisal contingency allows the buyer to cancel or renegotiate the contract if the property's appraised value comes in lower than the agreed-upon purchase price. This contingency protects buyers from overpaying.

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