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ContractsRemedies For BreachMEDIUM

In South Dakota, if a buyer defaults on a purchase agreement without a valid contingency, the seller may pursue all of the following EXCEPT:

Correct Answer

D) Seek criminal prosecution of the buyer

A breach of a real estate purchase agreement is a civil matter, not a criminal one. The seller may retain earnest money, sue for specific performance, or pursue actual damages. Criminal prosecution is not a remedy for a contractual breach.

Answer Options
A
Retain the earnest money as liquidated damages
B
Sue for specific performance
C
Sell the property to another buyer
D
Seek criminal prosecution of the buyer

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Related Topics & Key Terms

Related Topics:

civil-vs-criminalseller-remediesspecific-performancedamagesliquidated-damages

Key Terms:

buyer defaultcivil remedyearnest moneyspecific performancenot criminalEXCEPT questionliquidated damages

Related Concepts

Contingencies are conditions written into a real estate contract that must be met before the transaction can close. If a contingency is not satisfied, the buyer can typically cancel the contract without penalty.

Contract termination occurs when a contract is ended or discharged, releasing both parties from their obligations. A contract can be terminated through performance, mutual agreement, operation of law, or breach.

A counteroffer is a response to an original offer that changes one or more terms of the offer, effectively rejecting the original offer and creating a new offer. The party who makes the counteroffer becomes the new offeror.

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