ContractsIntermediateAlaska Exam

An Alaska purchase agreement includes an 'earnest money forfeiture' clause. This means that if the buyer defaults:

AThe buyer owes the seller the full purchase price
BThe seller may keep the earnest money as compensation for the buyer's breachCorrect
CThe seller must return the earnest money
DThe earnest money is split equally between the seller and the brokers, in general

Why The seller may keep the earnest money as compensation for the buyer's breach Is Correct

Answer B: The seller may keep the earnest money as compensation for the buyer's breach

An earnest money forfeiture clause is a form of liquidated damages provision. If the buyer defaults without legal justification, the seller may retain the earnest money as pre-agreed compensation for the buyer's breach, provided this amount represents a reasonable estimate of the seller's 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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