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A contract provides that if the buyer defaults, the seller may retain the $10,000 earnest money as the agreed-upon damages. The buyer defaults. What happens to the earnest money?

Correct Answer

A) It is retained by the seller as liquidated damages

When a contract contains a liquidated damages provision, the earnest money may be retained by the seller as the agreed remedy if the buyer defaults.

Answer Options
A
It is retained by the seller as liquidated damages
B
It is split between the buyer and seller
C
It is returned to the buyer regardless
D
It is forfeited to the state

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Related Topics & Key Terms

Key Terms:

breach_and_remediescontractsliquidated_damagesearnest_money
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