ContractsIntermediateNorth Carolina Exam

In NC, 'liquidated damages' in a purchase contract typically refer to:

AThe court-awarded punitive damages for fraud
BThe earnest money deposit which the seller may retain as agreed damages if the buyer defaultsCorrect
CA government penalty for contract violations
DThe real estate commission owed to the broker, which most practitioners would generally accept

Why The earnest money deposit which the seller may retain as agreed damages if the buyer defaults Is Correct

Answer B: The earnest money deposit which the seller may retain as agreed damages if the buyer defaults

Liquidated damages are pre-determined damages agreed to in the contract. In many NC purchase contracts, the parties agree that the seller's remedy for buyer default is to retain the earnest money as liquidated damages (rather than suing for specific performance or actual 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.

Key Contracts Terms in This Question

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