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LD Clause Can Strengthen Contract.(Brief Article)

Mortgage Servicing News

| November 01, 2003 | COPYRIGHT 2003 SourceMedia, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

When a prospective homebuyer defaults on a purchase contract, there can be substantial financial harm to the seller.

A concept called "liquidated damages" attempts to quantify the amount of damage for lenders or other sellers seeking redress and avoids litigation in the event that a buyer backs out. The legal department of the California Association of Realtors recently released an update on this subject, which contains information particularly relevant to sellers of real estate-owned, according to REO Nationwide.

But because other states sometimes follow the lead of California on contract law, REO Nationwide said in its recent newsletter that the state offers a good bellwether for everyone in the industry.

A "liquidated damages" clause in the contract enables the buyer and seller to agree upfront on the amount of monetary damages a party will be entitled to in the event the other party fails, breaches or ...

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Source: HighBeam Research, LD Clause Can Strengthen Contract.(Brief Article)

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