Contracts

In Massachusetts, a 'liquidated damages' clause in a Purchase and Sale Agreement typically specifies that if the buyer defaults, the seller's remedy is:

ASue for the full purchase price
BRetain the buyer's deposit as the sole remedy✓ Correct
CRetain the deposit plus 5% of the sale price
DRequire the buyer to purchase a substitute property

Explanation

A standard Massachusetts P&S liquidated damages clause provides that the seller's remedy for buyer default is retention of the deposit as agreed-upon damages. Both parties benefit from this certainty: the seller gets the deposit, and the buyer's liability is capped at the deposit amount.

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