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Audit memo Cedar Memo highlights this Florida rule. In a Tallahassee transaction, a closing coordinator wants the Florida rule on deposit receipt. Which statement is correct?

Correct Answer

C) Liquidated-damages clauses and specific-performance rights must be analyzed from the contract language used in the transaction.

Liquidated-damages clauses and specific-performance rights must be analyzed from the contract language used in the transaction. This follows Current Florida residential contract practice; Rule 61J2-14.008, F.A.C.; FREC Real Estate Law Book.

Answer Options
A
The date earnest money is due under the contract automatically changes the broker's third-business-day deposit rule.
B
Florida law always awards earnest money to the seller as liquidated damages whenever the buyer defaults.
C
Liquidated-damages clauses and specific-performance rights must be analyzed from the contract language used in the transaction.
D
Earnest money must always be cash; a promissory note or other form may never be used.

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Key Terms:

floridastate_portionearnest_moneyreal_estate_contracts
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