ContractsIntermediateColorado Exam

In Colorado, a 'liquidated damages' clause in a real estate contract specifies:

AA. That the non-breaching party may recover unlimited damages
BB. A predetermined amount of damages (often the earnest money) that one party agrees to accept as full compensation if the other party breachesCorrect
CC. That only the buyer alone may ever claim liquidated damages under the clause
DD. That damages are determined by a court, though the exact requirements can vary somewhat by jurisdiction, as is customary in this jurisdiction

Why B. A predetermined amount of damages (often the earnest money) that one party agrees to accept as full compensation if the other party breaches Is Correct

Answer B: B. A predetermined amount of damages (often the earnest money) that one party agrees to accept as full compensation if the other party breaches

A liquidated damages clause pre-establishes the amount of damages for a breach. In Colorado residential contracts, if the buyer defaults, the seller's remedy is often limited to retaining the earnest money as liquidated 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.

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