Contracts

If a Wisconsin buyer defaults on a real estate contract and the seller retains the earnest money as liquidated damages, this is permissible when:

AThe seller simply demands it
BThe contract contains a liquidated damages clause and the seller elects that remedy✓ Correct
CDSPS approves the forfeiture
DThe buyer fails to show up at closing

Explanation

Earnest money may be retained as liquidated damages only if the contract includes a liquidated damages clause and the seller elects that remedy rather than pursuing actual damages.

Related Wisconsin Contracts Questions

Practice More Wisconsin Real Estate Questions

1,500+ questions covering all exam topics. Start free — no signup required.

Take the Free Wisconsin Quiz →