ContractsIntermediateAlaska Exam

A buyer defaults on a purchase contract in Alaska. If the contract contains a liquidated damages clause limited to the earnest money, the seller's remedy is:

ATo sue for the full purchase price
BTo retain the earnest money as agreed liquidated damagesCorrect
CTo seek specific performance in court
DTo relist the property at no cost to the buyer, in general

Why To retain the earnest money as agreed liquidated damages Is Correct

Answer B: To retain the earnest money as agreed liquidated damages

A liquidated damages clause specifies in advance the amount of damages recoverable upon default. If limited to the earnest money, the seller agrees to accept the deposit as full compensation for the buyer's default and waives the right to sue for additional damages.

Exam Tip: Contracts

Contract questions frequently test the essential elements required for a valid contract. Remember: competent parties, mutual consent, lawful object, and sufficient consideration. Watch for void vs. voidable distinctions.

Key Contracts Terms in This Question

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