Back out of deal, forfeit 3%
The ins and outs of 'liquidated damages'
By Bernice Ross, Tuesday, June 9, 2009.
Illustration by Frits Ahlefeldt-Laurvig.DEAR BERNICE: We are buying our first home in California. Prices have finally come down to where we can afford them. Our agent asked us to review the purchase agreement now so that we wouldn't feel rushed when we are ready to write an offer. One of the provisions called for "liquidated damages." I've never heard of that before. Is this something we should agree to? --Sam K.
DEAR SAM: Congratulations on buying your first home. The "liquidated damages" provision allows the buyer and the seller to agree in advance as to the amount of damages that will be paid in the event of a breach to buy or sell real property.
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