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Home / Opinion Digests / Court Won’t Enforce Optional Liquidated Damages (access required)

Court Won’t Enforce Optional Liquidated Damages (access required)

A liquidated damages provision in a real estate contract that would allow seller to keep buyer’s $50,000 deposit and seek additional remedies is unenforceable, a Fairfax Circuit Court holds. Seller and buyer entered into a real estate contract for a lot in Fairfax County. The contract provided that buyer was to deliver a deposit of $50,000 ...

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