EstatePass
ContractsBreach_and_remediesMEDIUM

Kevin, a licensed Michigan salesperson, is working with a buyer who signed a purchase agreement for a Lansing home. The seller later refuses to close because she received a better offer. The buyer's purchase agreement does not contain a liquidated damages clause. Which of the following remedies would be available to the buyer in Michigan?

Correct Answer

A) Compensatory damages or specific performance, at the buyer's election

When a Michigan purchase agreement does not contain a liquidated damages clause limiting available remedies, the non-breaching buyer has access to the full range of contract remedies available under Michigan law. These include compensatory damages (to compensate for out-of-pocket losses and the benefit of the bargain) and specific performance (to compel the seller to complete the sale). The buyer may elect the remedy that best serves their interest.

Answer Options
A
Compensatory damages or specific performance, at the buyer's election
B
Automatic forfeiture of the seller's listing commission as a penalty
C
Only the return of the earnest money deposit with no additional recovery
D
Rescission only, with no right to compel the sale

Why This Is the Correct Answer

Sign up free to unlock full analysis

Why the Other Options Are Wrong

Sign up free to unlock full analysis

Deep Analysis of This Contracts Question

Sign up free to unlock full analysis

Background Knowledge for Contracts

Sign up free to unlock full analysis
Sign up free to unlock full analysis

Real World Application in Contracts

Sign up free to unlock full analysis

Common Mistakes to Avoid on Contracts Questions

Sign up free to unlock full analysis

Related Topics & Key Terms

Key Terms:

breach_remediesseller_breachcompensatory_damagesspecific_performanceno_liquidated_damages

Related Concepts

A bilateral contract is an agreement in which both parties exchange promises and are both obligated to perform, while a unilateral contract is one in which only one party makes a promise and the other party is not obligated to act.

A breach of contract occurs when one party fails to perform their obligations under the contract without a legal excuse. The non-breaching party is entitled to legal remedies including damages, specific performance, or contract rescission.

Consideration is something of value exchanged between parties to a contract, making the agreement legally binding. It can be money, a promise to act, a promise to refrain from acting, or anything else of value.

Was this explanation helpful?

More Contracts Questions

People Also Study

Related Articles

Contracts Questions

Practice More Questions

Access 2,000+ practice questions and pass your real estate exam.

Start Practicing