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Under the CREC-approved Contract to Buy and Sell Real Estate, when a buyer defaults and the seller elects to retain the earnest money as liquidated damages, what does this remedy represent?

Correct Answer

A) The seller's exclusive remedy, waiving the right to sue for additional damages

Under the CREC-approved Contract to Buy and Sell Real Estate, the liquidated damages clause provides that if the buyer defaults, the seller may retain the earnest money as liquidated damages. By electing this remedy, the seller waives the right to pursue additional damages or specific performance — it is the seller's exclusive remedy under that election.

Answer Options
A
The seller's exclusive remedy, waiving the right to sue for additional damages
B
An automatic remedy that requires no election by the seller
C
A partial remedy that the seller may combine with a suit for specific performance
D
A penalty clause that punishes the buyer for breach

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Related Topics & Key Terms

Key Terms:

liquidated_damagesbuyer_defaultearnest_moneycrec_contract

Related Concepts

An inspection contingency gives the buyer the right to have the property professionally inspected within a specified time frame and to negotiate repairs or cancel the contract based on the findings.

Liquidated damages are a predetermined amount of money specified in the contract that the non-breaching party is entitled to receive if the other party breaches. In real estate, the earnest money deposit typically serves as liquidated damages.

Novation is the substitution of a new contract for an existing one, or the replacement of one party with a new party, with the consent of all parties involved. The original party is completely released from all obligations.

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