Contracts
In New York, a buyer's deposit is 'at risk' (may be forfeited) if the buyer defaults on a real estate contract because:
AAll deposits are automatically forfeited upon any delay in closing
BThe purchase contract typically provides that the deposit serves as liquidated damages for the buyer's default, which the seller may keep✓ Correct
CNew York law requires buyers to forfeit 5% of the purchase price
DDeposits are always returned to the buyer regardless of default
Explanation
Most New York real estate purchase contracts include a liquidated damages clause stating that if the buyer defaults, the seller may retain the deposit as full compensation (liquidated damages). This provides certainty for both parties. Alternatively, some contracts allow the seller to sue for actual damages, but the liquidated damages provision is most common.
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