ContractsAdvancedCalifornia Exam

A liquidated damages clause in a California residential purchase agreement limits the seller's damages, if the buyer defaults, to:

AThe full purchase price
BThree percent of the purchase price
CThe actual damages suffered by the seller
DThe earnest money deposit only if it does not exceed 3% of the purchase priceCorrect

Why The earnest money deposit only if it does not exceed 3% of the purchase price Is Correct

Answer D: The earnest money deposit only if it does not exceed 3% of the purchase price

In California, for residential properties of 1-4 units, liquidated damages are limited to the buyer's deposit, provided the deposit does not exceed 3% of the purchase price. If it exceeds 3%, the excess may be challenged.

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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