ContractsIntermediateCalifornia Exam

When a buyer fails to complete a purchase after removing all contingencies, the seller may retain the buyer's deposit as:

AA penalty fee
BLiquidated damagesCorrect
CConsequential damages
DSpecific performance

Why Liquidated damages Is Correct

Answer B: Liquidated damages

If the parties have initialed the liquidated damages clause in the RPA and the buyer defaults after removing contingencies, the seller may retain the deposit as liquidated damages, up to 3% of the purchase price for residential properties.

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.

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