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