Contracts

A NH buyer's offer to purchase includes an earnest money deposit of $10,000. If the seller accepts and the buyer later defaults without legal justification, the deposit:

AIs automatically returned to the buyer
BMay be retained by the seller as liquidated damages if the contract so provides✓ Correct
CMust be paid to the listing broker as their earned commission
DIs held by NHREC pending resolution

Explanation

Most NH purchase contracts include a liquidated damages clause stating that if the buyer defaults, the seller may retain the earnest money deposit as their remedy. This provides both parties with certainty about consequences of default and avoids costly litigation over actual damages.

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