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ContractsBreach_and_remediesMEDIUM

A Connecticut buyer defaulted on a residential purchase contract that contained a valid liquidated damages clause designating the earnest money deposit as the seller's sole remedy. Which of the following actions would NOT be permitted under the liquidated damages clause as written?

Correct Answer

D) The seller pursues specific performance in Connecticut Superior Court to compel the buyer to complete the purchase

When a purchase contract contains a valid liquidated damages clause designating the earnest money deposit as the seller's sole remedy, the seller is contractually limited to that remedy upon the buyer's default. Pursuing specific performance — an equitable remedy that would compel the buyer to complete the purchase — is inconsistent with the 'sole remedy' designation in the liquidated damages clause. By agreeing to limit recovery to the deposit, the seller waived the right to seek specific performance or other additional remedies for the buyer's breach.

Answer Options
A
The seller retains the full earnest money deposit as agreed compensation for the buyer's breach
B
The seller treats the contract as terminated and re-lists the property for sale
C
The broker releases the deposit to the seller after receiving a signed mutual release from both parties
D
The seller pursues specific performance in Connecticut Superior Court to compel the buyer to complete the purchase

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Related Topics & Key Terms

Key Terms:

liquidated_damagessole_remedyspecific_performancebuyer_defaultcontract_limitation
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