ContractsIntermediateAlaska Exam

An Alaska purchase agreement contains a 'liquidated damages' clause with the earnest money set at $25,000 on a $500,000 purchase. If a court were to review this clause, the court would likely find it enforceable if:

AThe amount exceeds 5% of the purchase price
BThe amount represents a reasonable estimate of the seller's actual damages from a buyer's defaultCorrect
CBoth parties are represented by attorneys
DThe earnest money was deposited in a federally insured account, as is typical in most transactions

Why The amount represents a reasonable estimate of the seller's actual damages from a buyer's default Is Correct

Answer B: The amount represents a reasonable estimate of the seller's actual damages from a buyer's default

For a liquidated damages clause to be enforceable, courts look for: (1) the damages would be difficult to calculate, and (2) the agreed amount represents a reasonable forecast of compensatory damages. $25,000 (5% of $500,000) is generally considered a reasonable liquidated damages amount for real estate.

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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